South Africa has legalised the use of Cannabis in a major change to the country’s drug laws slipping through barely noticed by most citizens.
The move came on the eve of the May 27 general elections, which saw the ruling African National Congress lose its majority for the first time in 30 years of South African democracy.
President Cyril Ramaphosa signed the Cannabis for Private Purposes Act, making South Africa the first African nation to legalise the use of marijuana.
The bill removes cannabis from the country’s list of outlawed narcotics, meaning adults are now free to grow and consume the plant (except in the presence of children).
The bill also stipulates that those who broke the law by committing such deeds should have their records automatically wiped clean.
However, it is unclear how this will take place or when and if any of the 3,000 people in prison for cannabis-related offences as of 2022 will be released.
But after years of campaigning and negotiations, activists say the fight is not over yet.
Unlike other countries where cannabis has been legalised, such as Malta, Canada and Uruguay, there is still no way to lawfully acquire it in South Africa as a casual smoker unless you grow it yourself.
Selling cannabis remains illegal unless it is for medicinal purposes and has been prescribed by a doctor.
In other words, it is theoretically fine to have a forest of pungent plants in your back yard, so long as you do not profit from it. Still, a huge grey market already exists.
The new legislation has been six years in the making. After a 2018 court ruling that private consumption of cannabis was constitutional, the government was told to prepare legislation which would legalise it within two years.
Since then, shops and dispensaries have been selling the drug under Section 21 of the Medicines Act, which allows for “unregistered medicines” if prescribed by a doctor.
The 2018 ruling meant that cannabis could be included in this list of unregistered medicines.
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