President Cyril Ramaphosa of South Africa has officially signed the Cannabis for Private Purposes Act (CfPPA), legalizing the possession and cultivation of marijuana for adults. The landmark decision comes just one day before national elections, following years of legislative efforts and a 2018 Constitutional Court ruling that deemed the prohibition of cannabis possession and cultivation unconstitutional.
The CfPPA, approved by the National Assembly in November and by the National Council of Provinces in February, allows adults to grow and use cannabis in their private residences. However, the sale of cannabis remains illegal under the new law.
The president’s office emphasized that the reform would remove cannabis from the Drugs and Drug Trafficking Act, enabling amendments to other relevant legislation to support the industrialization of the cannabis sector. The bill also includes provisions for the medically prescribed administration of cannabis to children while protecting them from undue exposure.
“The consequent regulatory reform enabled by the CfPPA will, amongst others, entirely remove cannabis from the Drugs and Drug Trafficking Act,” the president’s office stated in a press release. “This will further enable amendment of the Schedules to the Medicines and Related Substances Act and provide for targeted regulatory reform of the Plant Breeders Rights Act and the Plant Improvement Act, as well as other pieces of legislation that require amendment to allow for the industrialization of the cannabis sector.”
Additionally, the legislation provides a framework for expunging prior marijuana possession and cultivation convictions, addressing past injustices related to cannabis criminalization.
Parliament spokesperson Moloto Mothapo expressed the government’s hope that this non-commercial legalization bill would pave the way for more comprehensive regulations to establish a robust marijuana market in South Africa.
President Ramaphosa, in his 2022 State of the Nation address, highlighted the potential economic benefits of entering the global medical hemp and cannabis industry, projecting the creation of over 100,000 jobs. The new law aligns with the Constitutional Court’s 2018 ruling, which mandated legislative changes to decriminalize cannabis.
South Africa’s move follows similar developments in other countries. In 2018, Mexico’s Supreme Court also ruled that marijuana criminalization is unconstitutional, prompting lawmakers to revise their cannabis laws. However, legislative action in Mexico has yet to be fully enacted.
The passage of the CfPPA marks a significant milestone in South Africa’s cannabis reform journey, aiming to balance regulatory measures with economic opportunities and social justice.
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