South Africa has recently made history by becoming the first African nation to legalize the use of marijuana. The Cannabis for Private Purposes Act was signed by President Cyril Ramaphosa just one day before the general elections on May 27, where the ruling African National Congress lost its majority after 30 years. This new law allows adults in South Africa to grow and consume cannabis for private use, excluding its presence around children.
The bill also includes provisions to automatically clear the records of those who have previously been convicted of cannabis-related offenses. However, the specifics of how this process will be implemented, and whether the approximately 3,000 individuals currently imprisoned for such offenses will be released, remain unclear.
Despite the significant progress made with the legalization of cannabis, activists emphasize that there is still work to be done. Myrtle Clarke, co-founder of Fields of Green for ALL, an NGO advocating for cannabis reform, highlighted the need to address the illegal trade of cannabis in the country. Unlike other countries where cannabis is legal, such as Malta, Canada, and Uruguay, South Africa does not have a lawful way for casual consumers to acquire the plant unless they grow it themselves. Sales of cannabis are only permitted for medicinal purposes with a doctor’s prescription.
The road to legalization in South Africa has been a long one, spanning six years of campaigning and negotiations. Following a 2018 court ruling that deemed private cannabis consumption constitutional, the government was instructed to draft legislation to legalize it within two years. During this time, some shops and dispensaries have been selling cannabis under the Medicines Act, which allows for the distribution of unregistered medicines if prescribed by a doctor.
While the new legislation marks a significant milestone, it also raises concerns about regulating the cannabis trade and addressing societal perceptions of the plant. Activists like Myrtle Clarke stress the importance of educating lawmakers and the public about the benefits and responsible use of cannabis. The cautious approach taken by South Africa in legalizing cannabis aims to avoid the pitfalls experienced by countries like Thailand, where rapid deregulation led to backlash and potential policy reversals.
The impact of South Africa’s legalization of cannabis is not limited to its borders. The move has sparked discussions in neighboring countries like Eswatini, where a colonial-era ban on cannabis is under review. Local growers in Eswatini fear being left behind in the emerging market as South African cannabis production expands. Advocates in Eswatini are calling for domestic legalization and protection of indigenous strains to ensure economic empowerment for rural farmers.
As Africa’s first country to legalize recreational cannabis use, South Africa’s decision may set a precedent for other nations on the continent. With ongoing debates in countries like Morocco and Ghana, the future of cannabis regulation in Africa remains a topic of interest and potential economic opportunity. The evolving landscape of cannabis legislation in Africa highlights the need for thoughtful regulation to balance social, economic, and cultural considerations.
