South African Cannabis Laws, Or The Lack Thereof

May 19, 2021

Despite the use of homegrown cannabis becoming legal in South Africa, the Cannabis For Private Purposes Bill heavily regulates the use of cannabis instead of liberalising it.

Even though there are new ‘breakthrough’ South African cannabis laws that allow the growth and use of cannabis in private dwellings, it is still considered to be a criminal offence when used in other spaces in South Africa which, in turn, can have an individual facing up to 15 years in prison.

Cannarite and Vaperite offer safe and legal options for the recreation and medicinal use of CBD and also stock devices and accessories that can be used to consume cannabis.

The Key Points of The Bill on Cannabis Laws

Whilst it seems like the bill has been put in place to legalise the use of cannabis, it appears that these new regulations strive to regulate the use of the substance and wrap it under tight legislation.

Here are the key takeaways from the Cannabis For Private Purposes Bill:

Minor criminal convictions have been effaced.
Dealing in cannabis or the sale of cannabis to a minor can lead to 15 years in jail.
The public smoking of cannabis can result in up to two years in jail.
The smoking of cannabis around a minor can result in up to four years of jail time.
Individuals who live alone are allowed to have an unlimited amount of cannabis seedlings but only a maximum of four flowering plants that must be for personal use only.
Adults that live in the same household may have up to eight plants for personal use only.
The possession limit for dried cannabis is 600 grams for individuals who live alone and 1.2 Kilograms in dwellings of two or more adults.
The possession of the legal amount of cannabis can be kept in any private place where the public does not have access to by right. This includes homes, caravans, mobile homes, sheds, huts, tents, boats or land.
If any individual consumes cannabis whilst in a vehicle on a public road will be found guilty of a class C offence.

Although the new bill brings South Africa closer to the decriminalisation of cannabis, the new South African cannabis laws leave many individuals confused. This is with specific reference to the law that states an individual may only be in possession of 4 flowering plants despite being allowed to have unlimited seedlings.

However, the Cannabis For Private Purposes Bill states that an adult may exchange or obtain a prescribed quantity of the following from another adult without remuneration

(a) cannabis plant cultivation material;
(b) cannabis plants; and
(c) cannabis.

To read the full Cannabis For Private Purposes Bill, click here.

Drug-Related Offenses and Convictions

South African cannabis laws have led to many convictions over the years. This is also true for drug offences in general of which there were 323 369 between 2017 and 2018 alone. Of all of these offences, there was a 47% conviction rate whilst other conviction rates stood at:

Hijacking= 2% Conviction Rate
Home Robberies= 5% Conviction Rate
Sexual Offenses= 9% Conviction Rate

What Does Decriminalized Mean?

The decriminalisation of cannabis would mean lower drug-related offences and thus give law enforcement more resources and time to deal with more serious crimes such as sexual offences. This is because the decriminalisation of cannabis would mean that the use, agriculture, etc would be legal.

Decriminalization vs Legalization- Cannabis Laws

The difference here would be that, whilst decriminalization would mean that you could not be charged for the possession or the use of cannabis, it still remains illegal. The legalisation of cannabis would mean that all legal prohibitions would be removed, thus making the use and growth of cannabis legal.

The Use of Cannabis

Cannabis in South Africa, and all around the world, is used either medically or recreationally. As a direct effect of the South African Cannabis laws, medicinal cannabis is extremely hard to come by, especially for the average consumer. Medicinal cannabis has separate legislation under the Medicines and Related Substances Act and as a result, is highly regulated and restricted.

Cannabis is used medically to treat:

Alzheimer’s
Chronic pain
Cancer
Anxiety
Inflammation reduction
Crohn’s disease
Epilepsy and seizures
Glaucoma
Muscle spasms and associated diseases

Please note, these are not medical claims, but on going studies that are being performed as cannabis has shown potential benefits to treating the above listed health issues.

Safely Using Cannabis

Even though there are strict laws about the use and growth of cannabis, there are safe and legal ways to consume it and still reap the benefits- both medicinal and recreationally.

Vaperite

Vaperite is a leading vape outlet chain that specialises in e-liquids, mods, tanks and vape accessories. Vaperite also has a division dedicated to cannabis accessories and devices, called Cannarite.

Cannarite

Cannarite offers other CBD products that are legal and come from a safe provider whilst also stocking devices and accessories that can be used to consume cannabis.

The Cannarite CBD range includes:

Methods of Using Cannabis

There are many ways that cannabis can be used, whether for recreational or medicinal purposes. One of the prefered and safer ways of smoking cannabis is through vaping.

Vaping

Vaping is when a substance is heated to form a vapour, after which the vapour is inhaled for the beneficial properties of say, cannabis.

Vaping cannabis is much safer than smoking it because it does not need to heat to the point of combustion. Once cannabis, or tobacco, is heated to the point of combustion and the smoke is inhaled it can cause rather unhealthy side effects.

Not only is vaping cannabis healthier than smoking, but it can also be flavoured and carries much less of an odour.

Vaperite sells all the vaping paraphernalia that you might need in order to vape cannabis safely and legally. This includes products such as vaping starter kits.

The Vaperite cannabis division, Cannarite, can also support your cannabis enthusiasm through means of: