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Seeds of opportunity: Exploring cannabis and hemp cultivation laws in South Africa and beyond. After much anticipation, Parliament passed the Cannabis for Private Purposes Bill on 27 February , which was officially signed by the President on 28 May , and is now known as the Cannabis for Private Purposes Act 7 of Act. The Act establishes a legal framework for the use, possession and cultivation of cannabis in South Africa. Is this good news for the agricultural industry? Not quite yet. As detailed below, the Act currently imposes significant restrictions on the legal cultivation and commercial trade of cannabis, mirroring trends observed in several other African countries. However, as additional regulations concerning the commercial production and distribution of cannabis continue to evolve, there is potential for change in this landscape. Conversely, hemp — a close genetic relation to cannabis — has been extensively cultivated for commercial purposes in South Africa and other African countries for several years now. This broad cultivation has expanded opportunities in crop production, presenting significant potential for growth in the agricultural sector. This article takes a closer look at the legislation around hemp and cannabis throughout Africa, focusing mainly on South Africa. In terms of the Act, the use and cultivation of cannabis in the privacy of one's own home is legal, while the use of cannabis in a public space, as well as the distribution of cannabis for commercial and recreational purposes, remains illegal and constitutes a criminal offence. In this case, the accused was found guilty of dealing in more than kg of cannabis. The Act provides an amended definition of cannabis, as ' the flowering or fruiting tops of a cannabis plant and includes products made therefrom, but excludes any seed, seedling, the stalk, leaves and branches without any fruit or flower, and the roots of a cannabis plant, including products made therefrom '. While a previous version of the Bill set out specific cultivation and possession limitations, those have been removed. Under the new Act, regulations will be passed in due course by the Minister which will prescribe the maximum quantities in terms of cultivation and possession. Cultivation of medicinal cannabis is legal to those in possession of the relevant license. Growers who wish to cultivate medicinal cannabis may apply to the South African Health Products Regulatory Authority — under the provisions of section 22C 1 b of the Medicines and Related Substances Act Of — for permission to do so. In summary, as the legislation and anticipated legislation currently stand, the cultivation of cannabis remains limited to farming for either medicinal use licensed , or private use in small quantities without any economic gain for the cultivator. After hemp was declared an agricultural crop under the Plant Improvement Act 53 of which is to be replaced by the Plant Improvement Act 11 of Plant Improvement Act on a date determined by the President by Proclamation in the Government Gazette , during October , the Minister of Agriculture, Land Reform and Rural Development commenced issuing hemp permits for commercial cultivation. The Plant Improvement Act provides for import and export control of certain plants and propagating material, maintaining the quality of such plants and propagating material, and ensuring the usefulness of the products thereof for agricultural and industrial purposes. This development has led to hemp providing huge potential for growth to the agricultural sector as well as the economy as a whole, as exportation of hemp to other countries where cultivation is limited poses great advantages. It is important to distinguish between cannabis and hemp. While hemp is a variation of the same plant species as cannabis, it differs in its chemical composition. THC is the cannabinoid which causes the euphoria associated with cannabis see here for more detail. Regulation 4 provides that a hemp permit relates to the following activities: i the importation of plants or propagating material for breeding, research or cultivation; ii propagation of plants by a breeder or researcher in relation to a breeding or research programme to develop new or improved hemp varieties; iii sale of hemp seed, seedlings, plants or cuttings; iv cleaning and conditioning of seed for cultivation; v export of plants or propagating material for cultivation purposes; and vi cultivation of hemp for seed production, seedling production and production of grain or material for industrial purposes. South Africa's decision to expand its hemp cultivation laws within the agricultural industry is a significant step forward for harnessing the economic and environmental benefits of this versatile plant. It also raises the hope that similar progressive measures will be taken regarding cannabis cultivation. As South Africa moves to evolve its legislation around hemp and cannabis cultivation, it is helpful to consider the position of other African countries in regard to these plants. Lesotho was the first African country to legalise the cultivation of medicinal cannabis in This developing country has seized the opportunity and many of its farmers have turned to medical cannabis cultivation to earn a living. The Drug of Abuse Cannabis Regulations Act of governs the use and cultivation of cannabis, and provides that it may only be cultivated for medicinal and scientific purposes, with valid licenses to do so. At present, Lesotho does not provide licences for industrial hemp cultivation. Zimbabwe was the second African country to legalise cannabis cultivation for medical and scientific purposes in , and in it started approving commercial permits for the cultivation of hemp. Ghana has legalised the medical cultivation of hemp, however the medical and recreational use, cultivation and possession of cannabis remains illegal. Malawi legalised the cultivation of hemp in Five years later, Malawi decriminalised the commercial production, use and export of cannabis for medical, scientific and industrial purposes. In terms of the Malawi Cannabis Regulation Act 6 of Malawi Cannabis Regulation Act , the recreational use and cultivation of cannabis remains illegal. This act only allows authorised persons to handle, use and cultivate cannabis. Unlawful use or cultivation of cannabis in Malawi invites hefty consequences — in terms of section 50 of the Malawi Cannabis Regulation Act, any person who cultivates, propagates, produces, processes, stores, distributes or uses cannabis in contravention of the act commits an offence and shall be liable to a fine of MWK 50 million approximately R, , and imprisonment of 25 years. The Zambian Government approved cannabis exports in , and legalised cannabis for medicinal and research purposes in These acts separately govern the use, possession and cultivation of cannabis and hemp. Using and cultivating cannabis for recreational purposes remains illegal. Under the Industrial Hemp Act, a licensed activity is defined as ' the growing, processing, distribution, buying, export and conducting of research on industrial hemp ', and thus the commercial cultivation of hemp is legal. In both Morocco and Rwanda, the cultivation of cannabis for medical and research purposes was legalised in , however, the recreational use and cultivation thereof remains illegal. The commercial cultivation of hemp for recreational purposes also appears to not yet have not been legalised. The legislation does not differentiate between cannabis and hemp. The Plant Improvement Act presents promising opportunities for South Africa's agricultural sector by expanding the market with the cultivation of hemp. We see that this trend is spreading across several African countries. When looking at the various African countries where cannabis has been decriminalised, there is one major commonality, which is the acceptance of cultivation and use of cannabis in the medical and scientific sector. It is clear that there is significant potential for cannabis cultivation in the commercial sector, promising substantial revenue for farmers. The information and material published on this website is provided for general purposes only and does not constitute legal advice. We make every effort to ensure that the content is updated regularly and to offer the most current and accurate information. Please consult one of our lawyers on any specific legal problem or matter. We accept no responsibility for any loss or damage, whether direct or consequential, which may arise from reliance on the information contained in these pages. Please refer to our full terms and conditions. All rights reserved. For permission to reproduce an article or publication, please contact us cliffedekkerhofmeyr cdhlegal. To stay up to date on the latest legal developments that may potentially impact your business, subscribe to our alerts, seminar and webinar invitations. As the global economy begins to embrace the transition to green metals, ensuring certainty of mineral right tenure is crucial for the sustainability of these aspirations. In this alert we unpack what a ring-fenced company is under the Companies Act 71 of Companies Act and why the use of a ring-fenced company can be an additional mechanism to protect funding and investments. The upcoming Freedom Day on 27 April marks 30 years since our country's first democratic vote. This website uses cookies to enhance the browsing experience. For more information, please see our Cookie Policy. Back to top. However, the Act still imposes significant restrictions on the legal cultivation and commercial trade of cannabis, mirroring trends observed in several other African countries. As additional regulations concerning the commercial production and distribution of cannabis continue to evolve, and with the Plant Improvement Act 11 of which also still needs to be signed into law proposing to expand the market with the cultivation of hemp, there is potential for change in this landscape. You might also be interested in. Dispute Resolution 3 min read. Dispute Resolution 4 min read. Firm News Minutes. Accept Decline.

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

Mozambique buying hash

As more multinational companies are setting up cannabis farms across the world, more attention has been diverted to Africa. More countries are now decriminalizing the use of Marijuana in Africa with the latest being Morocco. The north African country adopted Wednesday the law authorizing the therapeutic use of cannabis, a major reform for this North African country considered as one of the first producers of hashish in the world. The legal use implies means it can only be used in medicine, cosmetics and even for industrial purposes. Last year, Rwanda permitted the production and processing of medical marijuana with an aim to maximize its profits. The Rwanda government reiterated that its production and use will only be limited to licensed dealers like pharmacies and that cannabis consumption remains illegal. In South Africa, the government is still pursuing plans to ensure that the Southern African country can maximize on the plant by turning marijuana into a viable business. This came after a landmark ruling by the Constitutional Court in permitting the use, possession and cultivation of cannabis in private dwellings was not illegal and should be allowed in South Africa. Uganda enacted one of the stringent laws to curb the use of cannabis but at the same time allowed the commercialization of the product. They also secured buyers from Germany and Canada after getting approval from the European Union in Other countries that have legalized the commercial use and export of cannabis in Africa are Lesotho, Zambia and Zimbabwe. The Cannabis sativa has been proved to have over 50, industrial use including as an alternative to paper cardboard, cotton and medicinal purpose. UNODC estimates global cannabis herb production was 42, metric tons in Africa alone accounted for 10, metric tons or 25 percent of the total. Together, the American continent accounted for 46 percent of global cannabis production - North America represented 23 percent and South America another 23 percent. Many countries in the world have criminalized personal use of cannabis especially among smokers because of the risks associated with it. The drug has been linked to adverse health hazards that include lung cancer, mental illness among other social disorders among those who abuse the substance. Questions still remain whether countries should legalize it at the expense of individual health but still, stakeholders are pursuing its legalization for industrial use. Welcome to Africanews Please select your experience. Watch Live. Breaking News Close. News Morocco joins growing list of African countries to legalize cannabis. Morocco As more multinational companies are setting up cannabis farms across the world, more attention has been diverted to Africa. Related articles. From the same country. On the same subject. More stories. DRC Crisis. By using this website, you agree with our use of cookies to improve its performance and enhance your user experience. More info in our Cookies policy page.

Mozambique buying hash