Why South Africa’s Cannabis for Private Purposes Bill doesn’t make sense

Drawn up by the Department of Justice and Constitutional Development, the draft Bill aims to regulate the cultivation, possession and use of cannabis and cannabis plants by adults for personal use. It also aims to protect adults and children against the harm of cannabis.

Two years after the Constitutional Court ruled that cannabis would be decriminalised and could be used for personal and private use, it was hoped that the draft Bill would create a framework for business opportunities around cannabis to flourish, but this hasn’t been the case.

A Narrow and Traditionalist Perspective that Stunts Real Economic Growth

According to law firm Cliffe Dekker Hofmeyr’s senior associate Andrew MacPherson, the draft Bill was anticlimactic for several reasons. Firstly, he says, the fact that it was drafted by the Department of Justice and Correctional Services belies a particularly conservative approach to the drafting process.

“The focus remains on restricting access to, and the use of, cannabis against the threat of rather severe legal consequences in the form of fines and jail time.”

MacPherson said that the hope was to see a collaborative effort between the various departments such as health, agriculture, and finance. In its current form, the draft Bill is narrow and traditionalist and “does not give an inch more than was mandated by the Constitutional Court,” MacPherson said.

No Clarity on Commercial Legalisation

The draft Bill does not cater to the commercial aspects and opportunities presented by cannabis, which could be used to stimulate the economy and plug the huge hole in the tax budget deficit, as well as keep small businesses afloat.

After consulting a wide range of businesses in the industry, from large corporates through to budding entrepreneurs, MacPherson found that a wealth of commercial businesses from retail shops, cannabis supplies, and products, cannabis dispensaries, and businesses offering kits for the DIY cultivation of cannabis at homes are waiting to be launched upon commercial legalisation.

Cannabis Clubs Allowed

One of the many glaring inconsistencies in the draft Bill is that while it puts the brakes on many potential commercial opportunities, the legal framework allows for cannabis members’ clubs, such as the Cape Cannabis Club, to operate, and they have seen business boom since launching.

The club provides members with the opportunity to have their premium cannabis grown in several state-of-the-art facilities, which will then be professionally packaged and delivered directly to their private address anywhere in South Africa.

The club offers various membership options, in which you can “borrow a small share of a cannabis plant” and decide how many grams you want a month and which strain.

So while people can grow at home for private use, they cannot legally buy the seeds to do so.

Charl Henning, from NPO Fields of Green, says that these kinds of irregularities point to a lack of knowledge and insight on the lawmakers’ side.

“They can regulate medicine however they wish, but the rest of us should be free to grow, trade, and engage with our God-given plan. The mere idea of — pointless and unnecessary — plant counting goes against the privacy judgment,” he said.

Parliament is set to engage key stakeholders over the next few weeks, and the public has until 9 October to comment on the Bill.