In recent years, as attitudes towards certain plants have become more relaxed around the world, more and more countries and regions have begun to reassess their policies.
Countries like Canada and Uruguay have fully legalized marijuana, allowing individuals to grow it at home.
So, as one of the most economically powerful countries in Africa, is it legal to grow marijuana in South Africa?
In 2018, South Africa's Constitutional Court declared the personal use of marijuana legal, but only for personal use.
On May 28, 2024, South African President Cyril Ramaphosa signed the Cannabis for Private Purposes Act (CPPA). According to this law, adults are allowed to grow, possess, and use marijuana on private property, but public consumption and sales remain illegal. Commercial cultivation and sales require a license.
Let’s take a closer look at the restrictions on personal cultivation and use:
1. Personal Cultivation and Use
Private cultivation and possession:
- Adults living alone: Can possess up to 600 grams of dried marijuana and grow up to four marijuana plants.
- Households with multiple adults: If two or more adults live in the same household, they can possess up to 1.2 kilograms of marijuana and grow up to eight marijuana plants.
Note: The use and cultivation of marijuana must be conducted on private property. Any possession or use of marijuana in public places (such as streets, parks, etc.) is still illegal.
Interested in growing your own marijuana but unsure where to start?
Click to read this article: Guide to growing marijuana.
Restrictions in public places:
- The possession limit in public spaces is 100 grams of marijuana, and it must be held "privately," meaning it cannot be visible to others.
2. Commercial Cultivation
While personal use marijuana cultivation is legal in private spaces, commercial cultivation and sales are still heavily regulated. Any attempt to grow marijuana for commercial purposes requires a specific license; otherwise, it is considered illegal.
So, How to Get a Marijuana License in South Africa?
1）. Define the Purpose of the Marijuana
First, you need to clarify the purpose of the marijuana. What do you intend to do with it? Are you planning to produce medical marijuana, sell it, or conduct research? Each purpose comes with different regulatory requirements.
- Cultivation license: For the commercial cultivation of marijuana (including medical and industrial purposes).
- Manufacturing license: For producing marijuana-based products.
- Sales license: For legally selling marijuana and related products.
- Research license: For conducting research-related activities.
2）. Submit an Application to SAHPRA
Submit an application to the South African Health Products Regulatory Authority (SAHPRA), including company information, cultivation or production plans, safety, and compliance measures.
3）. Comply with Relevant Laws
You must also ensure that your marijuana production complies with South Africa’s drug and narcotic laws. The production and sale of marijuana must strictly adhere to the Medicines and Related Substances Control Act.
Large-scale cultivation requires approval from the environment and agricultural departments to ensure it doesn’t harm ecosystems or agricultural production.
Marijuana facilities must have stringent security measures in place, such as surveillance systems and tight security controls, to prevent illegal trade or misuse.
4）. Approval and Ongoing Regulation
SAHPRA will review the facilities and plans to ensure compliance. Once you receive the license, companies must regularly report their production and sales activities to regulatory authorities and undergo periodic inspections.
These are the basic steps for applying for a marijuana license. However, obtaining a license in South Africa can be challenging, with high costs, a complex approval process, and strict legal requirements. Failure to meet these could result in application denial.
Once approved, businesses can legally engage in marijuana cultivation, production, or sales.
3. Conclusion
South Africa allows the cultivation of marijuana for personal use in private spaces, but there are clear legal restrictions on commercial cultivation, sales, and public use.
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