The Cannabis Question

As a gardening magazine we have avoided the cannabis topic for fear of reader backlash. However, it's an interesting subject, so we thought we would give readers a breakdown of the facts and you can decide for yourselves... or skip these pages.

- Wendy Moulton

The law

In 2018, the South African Constitutional Court upheld and extended a high court judgement making it unconstitutional to criminalise home use and cultivation of cannabis for adults. The two acts that were specified are the Drugs Act (1992) and the Medicines Act (1965) covering the use of cannabis for recreational purposes and the use for medicinal purposes. So, this was the first step and by no means clear and concise but from this ruling came the Cannabis for Private Purposes Bill which was approved by parliament in 2020.

As it stands today, the following can be said: An adult can consume, grow and be in possession of cannabis in private for personal use. They can also exchange cannabis with another adult as long as no money is exchanged. It goes without saying that it is illegal to use or smoke in public and in front of minors, or in front of nonconsenting adults. The bill also states that a single adult can only have a maximum of 600g of cannabis, or a maximum of 1.2kg in a household with two or more adults in residence.

From this point it gets tricky. It is still illegal to sell or supply plants, cuttings, seeds or any part of the plant. So, if you can't buy a plant or seed, how are you supposed to grow it anyway - illegally?

So far, the only people that are permitted to cultivate and sell cannabis are those very few people who have gone through the rigorous process of obtaining an official license from the South African Health Products Regulatory Authority (SAHPRA) for medical purposes. This license has to be renewed every 5 years.