Cannabis for Private Purposes Bill tabled

07 Sep 2020

The Cannabis for Private Purposes Bill has been tabled in parliament.

Cabinet approved the bill in August 2020 for tabling in parliament.

According to the cabinet statement, the bill gives effect to a Constitutional Court judgement that declared unconstitutional some parts of the Drugs and Drug Trafficking Act of 1992 and Medicines and Related Substances Control Act of 1965.

Parliament was given 24 months to correct the relevant sections.

The bill, drawn up by the justice and constitutional development department, regulates the use and possession of cannabis and the cultivation of cannabis plants by an adult for personal use.

It also provides the limit of the quantity of cannabis that may be possessed by an adult and criminalizes the smoking of cannabis in public places.

The bill aims to:

• respect the right to privacy of an adult person to possess cannabis plant cultivation material; to cultivate a prescribed quantity of cannabis plants; to possess a prescribed quantity of cannabis; and to smoke and consume cannabis;
• regulate the possession of cannabis plant cultivation material; the cultivation of cannabis plants; the possession of cannabis; and the smoking and consumption of cannabis by an adult person;
• protect adults and children against the harms of cannabis;
• provide for the expungement of criminal records of persons convicted of possession or use of cannabis;
• delete and amend provisions of certain laws; and
• provide for matters connected therewith.

The bill’s explanatory summary was published in Government Gazette 43595.

See also:

• The ongoing development of South African law related to cannabis
• Decriminalisation of cannabis – Residential Housing Estates and Sectional Title Schemes
• Cannabis for Private Purposes Bill drawn up
• The path to the legalisation of marijuana in South Africa

(This article is provided for informational purposes only and not for the purpose of providing legal advice. For more information on the topic, please contact the author/s or the relevant provider.)