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South Africa legalises cannabis use. Will the rest of Africa follow?

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Just one day before the historic ballot, 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 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, people in prison for cannabis-related offences as of will be released. 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 court ruling that private consumption of cannabis was constitutional, the government was told to prepare legislation which would legalise it within two years. The ruling meant that cannabis could be included in this list of unregistered medicines. Other than that, we actually have some cops who come here to smoke and they actually protect us. The Haze Club THC in Johannesburg, a collective of cannabis growers operating on private premises, for example, was raided in , and legal proceedings continue. Trade is everywhere already. We just need to regulate it. The weed had a variety of uses: Zulu warriors smoked it to ease their nerves before battle and it provided pain relief for Sotho women during childbirth. The colonists did not particularly care about the natives smoking dagga out in the bush, but in the 19th century, Indian labourers, locally known as coolies, were brought over to work on sugarcane plantations. Dagga had not been an issue before this, but the Indians were living in closer proximity to white settlers and the smoke was wafting through their windows, so an law banned the selling of dagga to coolies. And so, in , South Africa imposed a nationwide ban on selling, growing and possessing the plant, and called for it to be outlawed globally. White South Africans of Dutch and British descent were afforded huge privileges over the rest of the population, who were segregated and denied the right to vote, own land or intermarry. In , the apartheid government passed the Abuse of Dependence-Producing Substances and Rehabilitation Centres Act, which it boasted was the toughest drug law in the Western world at the time , South Africa was an ally against communism in the Cold War and the apartheid regime was often considered part of the West. Its effect was most keenly felt in the segregated townships, where arrestees could risk jail spells of two to 10 years for possession of a single marijuana joint. The law was replaced by the Drugs and Drug Trafficking Act, and although apartheid ended not long after, the new government kept the same legal framework. Police helicopters did flybys over the dagga fields of the Eastern Cape, spraying them with toxic herbicides. This so-called war on drug raged until , when the Western Cape High Court ruled on a case brought by Rastafarian lawyer Ras Gareth Prince, who had been arrested with his family for growing dagga in The court declared that the prohibition violated his right to privacy, a claim ultimately upheld by the Constitutional Court in The court set the government a two-year deadline to rewrite its laws accordingly. But despite repeated promises by President Ramaphosa that South Africa would soon reap the rewards of a new industry, the deadline was pushed back, again and again, before finally being written into law last week. It is imperfect, but Myrtle considers it a start. The last version of the bill was half the length and 80 percent better than the version before it. Clarke says the fight now is to actually regulate trade. This means overcoming perceptions among conservative sections of society that cannabis is still a dangerous drug. Clarke accuses lawmakers of ignorance and pandering to long-held prejudices. Thailand removed cannabis from its Narcotics Act in , and thousands of quasi-legal dispensaries opened across Bangkok and the tourist hotspots overnight. For some, it was too much, too fast. A moral panic ensued, and lawmakers are now threatening a U-turn. While a few African countries like Malawi have legitimised medical marijuana, and others such as Ghana ended penalising minor quantities for personal consumption, South Africa is the first to allow recreational use. Elsewhere on the continent, Morocco allowed the use of cannabis for medical and industrial purposes, such as the use of hemp in fabrics, in But with a centuries-long tradition of smoking for relaxation, full legalisation is now very much part of the public debate, with cannabis farmers and investors holding public debates with MPs on the issue. One country closely watching the developments in South Africa is Eswatini, formerly known as Swaziland, a tiny landlocked kingdom surrounded by South Africa and Mozambique. Cannabis, locally known as insangu, is currently banned there under a British colonial-era law, which the government is now considering revising. For decades, smallholder farmers in the kingdom have survived by illicitly exporting insangu, including a prized strain known as Swazi Gold. But now, developments in South Africa are threatening to shut them out of their livelihoods. Shongwe believes the only way out is for Eswatini to legitimise its domestic market and trademark its Swazi Gold strain, the same way that tequila and mezcal can only come from Mexico. Our local rural cannabis legacy farmers can thrive economically only when and if cannabis can be legalised in Eswatini as well as legal reforms aimed at empowering them are put into action. By Niko Vorobyov. Published On 10 Jun 10 Jun Sponsored Content.

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