South Africa made history on the eve of the May 27 general elections by becoming the first African nation to legalize the use of marijuana with the Cannabis for Private Purposes Act. This major change to the country’s drug laws allows adults to grow and consume cannabis, with the removal of the plant from the list of outlawed narcotics. Additionally, the act specifies that those with previous cannabis-related offences will have their records automatically cleared, although the process and timeline for this remain unclear. Despite this significant development, activists emphasize that the fight for cannabis reform is far from over.
Unlike other countries where cannabis has been legalized for recreational use, such as Malta, Canada, and Uruguay, the new legislation in South Africa only allows individuals to grow cannabis for personal use. Selling cannabis remains illegal unless prescribed for medicinal purposes by a doctor. This has led to a burgeoning grey market in the country, with shops and private clubs operating under the principle of private consumption. However, inconsistencies in the law have resulted in some of these establishments being targeted by authorities, highlighting the need for better regulation in the cannabis trade.
Southern Africa has a long history with cannabis, dating back to the introduction of the plant by medieval Arab merchants. Known as “dagga” to the native Khoisan people, cannabis had various traditional uses in the region, from providing pain relief to assisting in childbirth. Over time, colonial influences and concerns about the effects of cannabis on different population groups led to the imposition of laws restricting its use. The apartheid government further intensified the war on drugs, with harsh penalties for cannabis possession, particularly in segregated townships.
Legalization of cannabis in South Africa has been a long and arduous process, culminating in the signing of the Cannabis for Private Purposes Act in 2022. The legislation follows a court ruling in 2018 that deemed the prohibition of private cannabis consumption unconstitutional, setting in motion a series of legal reforms. Despite imperfections in the new law, activists like Myrtle Clarke see it as a step in the right direction towards regulating the cannabis trade. Challenges remain in overcoming societal perceptions of cannabis as a dangerous drug and ensuring equitable economic participation in the cannabis market.
The impact of South Africa’s legalization of cannabis has the potential to influence other African countries, with neighboring Eswatini considering revising its laws on cannabis. Known for its prized strain, Swazi Gold, Eswatini’s cannabis farmers face challenges in competing with industrial-scale production in South Africa. The need for legal pathways for domestic production and empowerment of rural cannabis farmers underscores the broader implications of South Africa’s move towards cannabis legalization. As countries across Africa grapple with the complexities of regulating cannabis, lessons from South Africa’s cautious approach may offer valuable insights for navigating this evolving landscape.
