Is Marijuana Legal in South Africa?

Following a ruling by South Africa’s Constitutional Court in 2018, South Africa decriminalized cannabis for personal consumption by consenting adults.

The court ruling remains in effect, while South Africa’s Parliament composes a legal framework to legalize adult and medical use of cannabis.

However, the rule-drafting is ongoing as of 2023, and temporary orders are filling in the gaps as the government finishes working on the upcoming Cannabis for Private Purposes Bill.

Medical Marijuana Laws in South Africa

Cannabis traces its history in South Africa back millennia when it was originally introduced via trade with India.

Relied on for medicinal, practical, and even religious purposes, people in South Africa used cannabis, locally called “dagga,” as a part of everyday life.

In the mid-century and alongside global prohibition efforts, apartheid rule in South Africa sought to outlaw cannabis and criminalize the plant for moral and political reasons.

Cannabis was first banned in 1928, and the government doubled down on prohibition with the 1971 Abuse of Dependence-Producing Substances and Rehabilitation Centres Act, touted as the “toughest anti-drug law in the Western World.”

This and the 1992 Drugs and Drug Trafficking Act criminalized cannabis and unfairly punished local cultivators who relied on the crop for income.

These laws remained in effect for many years until a ruling handed down by South Africa’s Constitutional Court found that sections of the 1992 Drugs Act were unconstitutional and infringed on civil rights to privacy.

The statement by Deputy Chief Justice Raymond Zondo proclaimed, “The right to privacy entitles an adult person to use or cultivate or possess cannabis in private for his or her personal consumption.”

Following Zondo’s statement, cannabis use and private cultivation were decriminalized for anyone 18 or older in South Africa.

The ruling also opened the potential for legalizing a commercial cannabis industry for medical use and export abroad.

Two years later, the South African government drafted the Cannabis for Private Purposes in 2020, which sought to provide regulations for the cultivation, possession, and adult use of cannabis.

It also would expunge criminal records of those charged with marijuana possession or use.

However, the bill’s lack of regulations around the sale of cannabis products has been criticized, especially around creating too-expensive licensing barriers for many South Africans who rely on farm income for their families.

South Africa remains in a transition period as the bill awaits a final version, leaving medical and personal users uncertain about the future of South African cannabis laws.

In medical marijuana, a temporary ruling is currently governing access to legal cannabis.

The use of the plant is regulated by the Medicines and Related Substances Act of 1965, as amended in 2019, and overseen by the South African Health Products Regulatory Authority (SAHPRA) but was meant as a temporary holding while Parliament finalizes the upcoming bill.

This amendment categorizes drugs in particular schedules and distinguishes non-psychoactive cannabidiol (CBD) from the intoxicating THC.

Cannabis with THC is considered a Schedule 6 substance, and products must be registered with the SAHPRA and purchased from a licensed dispensary if patients carry a Department of Health permit and a physician’s prescription.

CBD is considered a Schedule 4 drug and available for purchase with a regular prescription if products contain less than 20 mg of CBD. Individuals can purchase CBD products with less than 0.001% THC without a prescription.

What to Know About About Medical Cannabis in South Africa

Recreational Possession and Use Are Decriminalized

Cannabis is decriminalized for private use for consenting adults as long as cultivation and personal consumption occur in private.

Transporting and producing cannabis for sale is still against the law, and personal possession is limited to up to 600 grams of cannabis in a private space.

Medical Marijuana Products Are Legal With a Prescription

Cannabis with THC is a Schedule 6 substance per South African laws. These cannabis products are only available to purchase from licensed dispensaries.

This means patients must obtain a special permit from the SAHPRA and receive a valid prescription from their doctor to purchase products with THC.

There are no qualifying conditions specified for patients to use medical marijuana.

CBD Is Legal With a Prescription

CBD is a Schedule 4 drug, meaning cannabis users can purchase CBD products with less than 20 mg of CBD with a doctor’s prescription.

Products created with cannabis materials besides the flower and its resin with low levels of CBD and less than 0.001% are available for purchase without a prescription.

There’s No Real Way To Buy Medical Marijuana

While medical marijuana is legal, SAHPRA has yet to license any cannabis medicines containing THC.

This means patients can’t actually purchase legal medical marijuana, even with a prescription.

Additionally, violations of the Medicines Act amendment can be punished with severe sanctions, including up to 10 years imprisonment.

Can You Grow Cannabis in South Africa?

Adults can privately cultivate a small amount of recreational cannabis for personal use in the privacy of their own homes.

However, the cultivation of cannabis or hemp with the intent to manufacture products for medicinal use is only allowed for those permitted by the Department of Health and licensed by SAHPRA.

Future bills may expand on who may legally cultivate cannabis, but only personal private cultivation is currently permitted.

The Bottom Line

South Africa’s marijuana laws are in a transitional phase, but the future looks hopeful for supporters of a fully legalized country.

Adult use is decriminalized, and lawmakers are underway creating a legislative framework for full medical legalization.