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the Cannabis bill for private purposes, presented in parliament on September 1, provides clarity on the growing private use of cannabis in South Africa.
While the bill can be seen as the first step in a progressive and revised approach to cannabis in the country, the proposed legislation also throws up a series of red flags, says law firm Cliffe Dekker Hofmeyr.
“The focus remains on restricting the access and use of cannabis against the threat of quite severe legal consequences in the form of fines and imprisonment,” he said.
“What those in the industry were expecting was a collaborative effort between the various departments, such as Health, Agriculture, Finance and the like.”
Cliffe Dekker Hofmeyr said the drafters of the bill have apparently taken a “narrow and traditionalist perspective”, which as currently constructed, does not give an inch more than what the Constitutional Court ordered.
Commercial aspects are missing
Perhaps the most glaring of all the omissions in the bill is that it does not address most of the business aspects and opportunities of cannabis, the firm said.
“Furthermore, by prohibiting the exchange of remuneration for cannabis, cannabis plants, seeds and seedlings, the bill provides for idealistic altruism while completely ignoring the commercial realities involved in growing, processing and supplying cannabis for personal consumption.
“In practice, this amounts to counterproductive legislation, which forces the average person to obtain cannabis illicitly, reinforces the existing black market and deprives the economy of achievable tax revenue.”
Currently, the only business opportunities available in the industry relate to farmers who can obtain a license to export their yield or supply it to a laboratory that has the necessary licenses for the treatment, processing and manufacture of cannabis-related products, the company said.
This is insufficient to ensure that the entire country has the opportunity to participate in and benefit from the cannabis economy.
What the invoice offers
What the current bill offers is a detailed calendar of the amounts of cannabis and related products, including derivatives, that can be grown and possessed by individuals in accordance with their right to privacy.
While this is welcome clarity, the bill ignores the everyday realities of the majority of South Africans living at or below the poverty line, said Cliffe Dekker Hofmeyr.
“These people do not have the benefit of a garden to grow their plants, or enough rooms in their homes to ensure that they can participate in the benefits of the bill without violating the strict conditions that apply there.”
However, the firm said credit must be granted as the bill provides for expungement of criminal records resulting from previous convictions.
From here
The next steps in the legislative process are for parliament to involve stakeholders and the general public in the draft.
“Even in the short time that the bill has been circulating, it has become very clear that a marathon process of public engagement awaits Parliament in which stakeholders and the public will identify the deficiencies of the bill,” said Cliffe. Dekker Hofmeyr.
“Hopefully this will result in the drafters revising the bill and the overall approach to the regulation and legalization of cannabis that is currently being carried out in such a piecemeal manner that it will likely prove more onerous for the state to enforce such provisions. “.
Comment from Andrew MacPherson, Malerato Motloung and Shaad Vayej of the law firm Cliffe Dekker Hofmeyr.
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