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Laws Concerning Marijuana (Cannabis) Usage

Laws Concerning Marijuana (Cannabis) Usage

Nozipho Mvulane

Laws Concerning Marijuana (Cannabis) Usage

The laws regarding marijuana (cannabis) and its use for business purposes in South Africa have undergone significant changes. In South Africa, the legal framework surrounding marijuana has seen some developments.

Personal Use

In 2018, the Constitutional Court of South Africa ruled that the personal use and cultivation of marijuana by adults in private residences is protected under the right to privacy. This means that adults can possess, use, and cultivate marijuana for personal use within certain limits.

Medicinal Use

The Medicines and Related Substances Act 101 of 1965 was amended in 2017 to allow for the medical use of marijuana and cannabis-derived products. However, strict regulations and licensing requirements are in place for the cultivation, production, and distribution of medical cannabis. Businesses involved in the production and sale of medicinal cannabis must adhere to these regulations and obtain the necessary licenses from the South African Health Products Regulatory Authority (SAHPRA).

Commercial Use

While the personal and medicinal use of marijuana has been decriminalized to some extent, the commercial use of marijuana for non-medicinal purposes remains heavily regulated. The cultivation, sale, and distribution of marijuana for recreational purposes are currently illegal. However, there have been ongoing discussions and proposals to explore the potential legalization of recreational marijuana in South Africa.

Hemp Cultivation

Hemp refers to the non-intoxicating variety of the cannabis plant that is cultivated for industrial purposes, such as fibre and seed production. In South Africa, the cultivation of hemp is legal under specific conditions. The Agricultural Product Standards Act 119 of 1990 and its regulations provide guidelines for the licensing and cultivation of hemp. Those interested in starting a hemp business should comply with these regulations and obtain the necessary permits and licenses from the relevant authorities.

It’s important to note that laws regarding marijuana are subject to change, and there may be additional regulations and requirements depending on the specific nature of the business. It is advisable to consult legal professionals or industry experts with knowledge of the latest legislation and regulations surrounding marijuana as a business in South Africa.

For further information of any of your legal needs, please contact Rajaram Mvulane Attorneys at or on 073 2777 973.

Article Disclaimer

This article is not intended to provide legal advice. This article is a general information sheet and should not be used or relied on as legal or other professional advice. This article is based on research regarding laws and may be subject to change. No liability can be accepted for any errors or omissions nor any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice. Errors and omissions excepted (E&OE).

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