Cabinet recently approved the Cannabis for private purposes bill and has referred the bill to parliament for approval. The bill still needs to go through a parliamentary process, including a public participation process before it is signed into law by the president. This means that some aspect of the law might change.
The purpose of the bill is to facilitate the private personal use and cultivation of cannabis and to bring the current laws in line with the Constitutional Court Judgement CCT 108/17. The Constitutional court judgment instructed government to change the relevant legislation within 24 months of the judgement. The court proposed deadline for the passing of this proposed bill is 18 September 2020.
- Things to know about the new Bill (in its current form):
- Gifting of Cannabis, Cannabis seeds, Seedling and plants are allowed, subject to restrictions:
An adult can give or receive from another adult:
- 30 seeds or seedlings* or a combination thereof; and
- 1 x Flowering cannabis plant or equivalent; and
- 100 grams of dried cannabis or cannabis equivalent.
The gifting must take place without any form of remuneration or payment between the two adults involved.
*Seedling is a non-flowering cannabis plant not taller than 15 cm or wider than 15 cm.
- Understanding equivalencies in the Act:
Cannabis plant equivalent:
1 x Flowering cannabis plant = 2 x Immature cannabis plants*
*Immature cannabis plant is a non-flowering plant taller than 15 cm or wider than 15 cm
1 gram dried cannabis = 5 grams of fresh (undried) cannabis
0.25 grams solid concentrates = 1 gram of dried cannabis
- rams of liquid concentrates = 1 gram of dried cannabis
- How much Cannabis can an adult have in a private place* for personal use:
1 x Adult living alone = 600 Grams dried cannabis or cannabis equivalent; or
2 or more adult living together = 1200 Grams of dried cannabis or cannabis equivalent
*Private place means any place, including a building, house, room, shed, hut, tent, mobile home, caravan, boat or land or any portion thereof, to which the public does not have access as of right.
- How many cannabis plants can an adult have in a private place for personal use:
1 x Adult living alone = 4 x Flowering cannabis plants or cannabis plant equivalent; or
2 or more adult living together = 8 x flowering cannabis plants or cannabis plant equivalent.
- How many cannabis seeds or seedlings can an adult have in a private or public place:
An adult may have in their possession unlimited seeds or seedlings in a private place, as long as they are for private growing purposes.
An adult can have in their possession unlimited seeds or seedlings in a public place for personal growing purposes, as long the cannabis seeds or seedlings are concealed from public view and securely stored so as to be inaccessible to a child.
- How much cannabis can an adult have in their possession in a public place:
Each adult can have 100 grams of dried cannabis or equivalent in their possession in a public place, as long as the cannabis is concealed from public view and securely stored so as to be inaccessible to children.
- How many plants can an adult have in their possession in a public place:
Each adult can have 1 x flowering cannabis or cannabis plant equivalent in their possession in a public place, as long the cannabis plant is concealed from public view and securely stored so as to be inaccessible to a child.
It is also prohibited to grow a cannabis plant in public.
- Smoking cannabis in Public places is prohibited.
- Smoking Cannabis in the immediate presence of a child or non- consenting adult is prohibited.
- Expungement of the Criminal records of persons convicted of possession or use of cannabis in the past, will be possible subject to the provisions of the bill and the future regulations under the act.
Please remember that the bill has not been finalized yet and that there will still be a public participation process and if you do not like certain aspects of the bill we encourage you to participate in the public participation process. Just Cannabis will try to send you details on how to participate as soon as Parliament opens up the public participation process for the bill.
Disclaimer: Please note that the content of this article is not to be regarded as legal advice and only represents our opinion of the cannabis for private uses bill. Just Cannabis does not accept any liability of any form whatsoever for any loss incurred by the reader or any other person relating in any way to the contents of this email.
Click here for a link to the full text of the Cannabis for Private purposes Bill.