In South Africa, the laws governing cannabis, also known locally as dagga, have undergone significant changes in recent years, particularly regarding personal use and cultivation. Here is an overview of the current regulations and recent legislative changes, including the status of CBD products like vaporizers:
Cannabis Regulations
- Decriminalization for Personal Use:
- In September 2018, the Constitutional Court of South Africa ruled that the use, possession, and cultivation of cannabis in private by an adult for personal consumption is legal. This landmark decision declared that the private use of cannabis should not be penalized by law. Adults are allowed to grow cannabis in a private space for their personal use.
- Regulations on Public Use and Sale:
- The use of cannabis outside of private spaces remains illegal. Selling cannabis or supplying it to others, even in small quantities without authorization, is also still illegal and subject to criminal penalties.
CBD Regulations
- CBD and Hemp Products:
- In May 2019, the South African Health Products Regulatory Authority (SAHPRA) exempted certain preparations containing cannabidiol (CBD) from the previous strict scheduling under the Medicines and Related Substances Act. Products that meet the criteria of containing a maximum daily dose of 20 mg of CBD and claiming health benefits fall under Schedule 0, making them essentially over-the-counter products. Products containing no more than 0.001% of THC and no more than 0.0075% total CBD are not scheduled substances.
Recent Legislative Attempts
- Cannabis for Private Purposes Bill:
- As of 2020, the draft Cannabis for Private Purposes Bill was introduced, laying out guidelines on the amount of cannabis an adult can legally possess, grow, and use in private. This bill aims to regulate how much cannabis individuals can possess and cultivate, and it establishes certain protections against arrest for possessing amounts within these legal limits.
- Attempts to Legalize Commercial Use:
- Although there have been discussions and initiatives aimed at creating a framework for the medical and commercial use of cannabis, formal legislation has been slow to materialize. This includes efforts to establish a legal market for cannabis to boost economic growth and employment.
Inhalable CBD Products
- Legal Status of Vaporizers:
- Inhalable CBD products like vaporizers are legal in South Africa if they adhere to the restrictions set by SAHPRA. These products must not exceed the maximum allowed daily dose of 20 mg of CBD and must be free from claims of curing or treating diseases unless registered specifically as medicines.
- The sale and use of such products have become increasingly common, with local businesses and international companies participating in the market.
South Africa’s approach to cannabis is characterized by a gradual relaxation of laws around personal use and cultivation while maintaining strict control over commercial activities. The evolving legislative landscape indicates a potential shift towards more comprehensive regulations that could include wider medical and possibly recreational use in the future.
