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MARIJUANA MOMENT

SOUTH AFRICAN PRESIDENT SIGNS MARIJUANA LEGALIZATION BILL INTO LAW


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POLITICS


SOUTH AFRICAN PRESIDENT SIGNS MARIJUANA LEGALIZATION BILL INTO LAW

Published

3 seconds ago

on

May 28, 2024

By

Tom Angell

South Africa’s president has signed a bill to legalize marijuana possession and
cultivation by adults.

President Cyril Ramaphosa gave his approval to the Cannabis for Private Purposes
Act (CfPPA) on Tuesday, just one day ahead of national elections. The National
Assembly had passed the legislation last November, and the National Council of
Provinces signed off in February.

The reform has been years in the making, with lawmakers well past a deadline
following a Constitutional Court ruling in 2018 that deemed the prohibition on
simple possession and cultivation of cannabis to be unlawful, mandating
legislative change within two years.

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occasionally significant longer-run declines in adult tobacco use.” Veuer’s
Maria Mercedes Galuppo has the story.
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The bill to codify legalization was finally introduced in 2020, but action had
been delayed, even as South Africa’s government has included cannabis in a list
of sectors to prioritize in the interest of economic expansion.

“The consequent regulatory reform enabled by the CfPPA will, amongst others,
entirely remove cannabis from the Drugs and Drug Trafficking Act,” the
president’s office said in a press release on Tuesday. “This will further enable
amendment of the Schedules to the Medicines and Related Substances Act and
provide for targeted regulatory reform of the Plant Breeders Rights Act and the
Plant Improvement Act, as well as other pieces of legislation that require
amendment to allow for the industrialisation of the cannabis sector.”




“The Bill further guides the medically prescribed administration of cannabis to
a child while also protecting children from undue exposure to cannabis,” the
president’s office said. “It provides for an alternative manner by which to
address the issue of the prohibited use, possession of, or dealing in, cannabis
by children, with due regard to the best interest of the child. It also prohibit
the dealing in cannabis.”

Lawmakers have emphasized that the measure does not permit for the lawful sale
of cannabis. Adults will need to grow their own plants, and they could only
consume in their private residence.



The legislation further provides for expungements of prior marijuana possession
and cultivation convictions.

Parliament spokesperson Moloto Mothapo has said that it’s the government’s hope
that the non-commercial legalization bill will serve as a jumping off point for
lawmakers to enact more robust regulations to support the establishment of a
marijuana market in the country.

The president said in his State of the Nation address in 2022 that he wants to
his the country enter the global medical hemp and cannabis industry, arguing
that it could generate more than 100,000 jobs.

For now, however, the new law is focused on removing criminal penalties in
accordance with the Constitutional Court’s unanimous 2018 ruling, which followed
a lower court decision in the Western Cape province covering Cape Town to end
prohibition.



Similar to South Africa, Mexico’s Supreme Court ruled in 2018 that marijuana
criminalization is unconstitutional, giving lawmakers a mandate to revise the
laws. That reform has advanced in recent sessions, but it’s yet to be enacted.

> Delaware Governor Signs Bill To Expand Medical Marijuana Access By Letting
> Doctors Recommend It For Any Condition



Photo courtesy of Mike Latimer.

Marijuana Moment is made possible with support from readers. If you rely on our
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Tom Angell


Tom Angell is the editor of Marijuana Moment. A 20-year veteran in the cannabis
law reform movement, he covers the policy and politics of marijuana. Separately,
he founded the nonprofit Marijuana Majority. Previously he reported for
Marijuana.com and MassRoots, and handled media relations and campaigns for Law
Enforcement Against Prohibition and Students for Sensible Drug Policy.



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