Is Weed Legal in South Africa? Is Marijuana legal in South Africa?
You may have heard that weed is now legal in South Africa, but do you know exactly what that means? Are there different rules in different parts of the country? And where exactly is the legal smoking area? We’ll answer all your burning questions. In early November 2018 the High Court in Pretoria ruled that private adult cannabis use would be legalised from January 7, 2019. This ruling has been confirmed by the Supreme Court of Appeal and now stands as law.
Is Weed Legal in South Africa?
The simple answer is yes, weed is legal in South Africa. The High Court ruling, which was upheld by the Supreme Court of Appeal, marks the end of prohibition for cannabis in this country. This means that you can smoke weed, you can grow weed at home for personal use, and you can buy and sell the drug from licensed retailers. The tricky part is the “where” part. The ruling applies to private use only, so public consumption is still illegal. There are also several limitations on the sale, cultivation, and possession of cannabis products. We’ll discuss all of these in detail below.
Is Marijuana legal in South Africa?
Yes, in 2018, the court ruled that adults in South Africa can possess, cultivate, and use cannabis for their consumption.
What is the law on cannabis in South Africa?
The medical use of cannabis in South Africa is regulated in the Medicines and Related Substances Act, 1965 (Medicines Act).
The violation of the Medicines Act due to unlawful medicinal use of cannabis carries severe criminal sanctions (up to 10 years imprisonment, with or without a fine). Also, any recreational use, possession, or cultivation of cannabis that is not done in by an adult in private is an offense under the Drugs Act.
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What Does the Recent Ruling Mean?
The High Court ruling that legalises cannabis was a surprise to many. The case was brought by a Rastafarian lawyer who cited religious freedom as the reason for demanding that cannabis be decriminalised. The court agreed. The ruling applies to the private use of cannabis by adults. That means that you can use it, but you can’t sell it, cultivate it, or transport it. You also can’t take cannabis out of your house, since the ruling applies only to private property, not public places.
Here’s a quick breakdown of the new rules:
- – Adults can use privately: The new ruling applies to anyone 18 years or older.
- – Adults can grow privately: Those 18 years or older can grow as many as four cannabis plants per household.
- – Adults can buy cannabis from licensed retailers: These businesses must be at least 500 metres from any school and use a “tetrahydrocannabinol” (THC) test for all stock.
- – Adults can sell cannabis privately: The new ruling does not apply to commercial growers or retailers.
- – Minors can’t use privately or publicly: Nobody under the age of 18 can use cannabis, regardless of the circumstances.
- – Public consumption is still illegal: This applies to all cannabis products, including edibles.
- – Home grows are not allowed in the Western Cape: The Western Cape High Court ruled that the new laws don’t apply in the province, so home grows are off the table.
Is Cannabis Cultivated in South Africa?
Cannabis is commonly grown in the “dagga belt”, areas including Eastern Cape and KwaZulu-Natal provinces.
Can I get arrested for smoking weed in South Africa?
The violation of the Medicines Act due to unlawful medicinal use of cannabis carries serious criminal sanctions (up to 10 years imprisonment, with or without a fine).
Who can use cannabis in South Africa?
Only Adults are legally allowed to use, possess and cultivate cannabis.
Where is Smoking Legal in SA?
The entire country! The ruling applies to private consumption, so you can smoke as long as you are at home. Yes, even in the Western Cape.
Where is Cannabis Cultivation and Selling Legal?
This is where things get tricky. The new ruling does not apply to commercial growers or retailers. You can cultivate and sell cannabis only if you have a permit from the state. You can apply for one of three types of licences: For commercial growing, you must have a written permit from the Minister of Justice and a proper growing facility.
Are There Any Limitations to the Ruling?
The new ruling applies to private use only, which means you must be on private property to consume cannabis. This means that public consumption is still illegal and will be punished. The ruling also only applies to the flower of the cannabis plant. Edibles, oils, tinctures, and other products aren’t covered by the new laws. Finally, the ruling only applies to people 18 years or older. Anyone under 18 years old cannot legally consume cannabis, even at home.
