Durban, South Africa — On May 28, 2024, South Africa made history by becoming the first African country to officially legalize recreational cannabis use.
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The Cannabis for Private Purposes Bill (CfPPA) was signed into law by President Cyril Ramaphosa, just a day before the historic 2024 South African General Elections, which resulted in his party losing its 30-year control over Parliament.
Cannabis, a flowering plant originating in Asia, has been used for medicinal, religious, and recreational purposes for thousands of years. In South Africa, the drug, derived from the cannabis plant, is commonly referred to as “dagga,” while in the U.S., it is more widely known as “weed.”
The new law permits citizens to grow and consume a limited amount of cannabis for personal, recreational use on private property without fear of prosecution.
The bill allows individuals to cultivate up to 600 grams (21.2 oz) of cannabis and consume it privately, with a household limit of 1,200 grams (42 oz).
Those convicted of cannabis-related offenses are expected to have their criminal records expunged, although the fate of the roughly 3,000 prisoners incarcerated for cannabis-related crimes remains uncertain.
This landmark legislation is the culmination of a long-standing Constitutional challenge initiated by cannabis advocates in 1998. In 2018, the Constitutional Court ruled to legalize the possession of cannabis for medical purposes. The ruling also made recreational cannabis use legal, albeit with controversial restrictions. While recreational cannabis use is now allowed, its sale remains prohibited.
Following the 2018 ruling, a growing number of cannabis clubs and dispensaries have emerged across the country, often operating outside the confines of the law. These businesses, though legally restricted to selling cannabis for medical use with a prescription, frequently sell products to anyone with the money to buy them. This situation is exacerbated by confusion and inconsistent enforcement of cannabis laws.
What South Africa’s new cannabis law allows:
Individuals may grow and consume up to 600 grams (21.2 oz) of cannabis in private spaces, with a household limit of 1,200 grams (42 oz).
Cannabis licenses for medical and industrial use may be obtained.
Individuals may carry up to 100 grams (3.5 oz) of cannabis in public spaces.
What the law prohibits:
Cannabis use is not allowed in public spaces.
The sale or distribution of cannabis for recreational use is prohibited.
Cannabis consumption while driving is not allowed.
The stigma surrounding cannabis has diminished in recent years as more scientific research underscores its potential for treating various medical conditions. This, combined with the economic potential of the cannabis industry, which is estimated to be worth millions, has helped drive the growth of both the medical and recreational markets.
While the legalization of cannabis is a significant victory for South Africa's pro-cannabis advocates, the new laws have sparked some criticism. Opponents argue that cannabis should not be legalized at all, while others feel the laws do not adequately protect the rights of individual cannabis growers.
Despite these criticisms, the cannabis industry in South Africa continues to attract substantial investment, as both government and private sectors look to capitalize on the growing market. The Southern African region has long been fertile ground for cannabis cultivation, with the plant having been introduced to the continent over 1,000 years ago.
Historical Origins of Cannabis in Africa
Cannabis is believed to have originated in Asia, particularly ancient China, and spread to Africa via trade routes, reaching the continent through Madagascar and the Mediterranean coast. The indigenous Khoisan and Bantu people of Southern Africa were the first to use cannabis for recreational, medicinal, and possibly spiritual purposes as early as the 17th century. With the arrival of European traders and colonists, cannabis was cultivated for trade with the locals.
Colonists, particularly the Dutch and later the English, attempted to control the cannabis trade in the region but struggled due to its easy cultivation. The area where cannabis thrives best is known as the "dagga belt," where the plant grows abundantly. Despite their efforts to monopolize cannabis, the colonists were unsuccessful because the plant grew so easily, making it a commodity available to everyone in the region.
Cannabis also became a form of payment and control. British merchant George Thompson observed that colonists used cannabis to ensure the continued labor of indigenous Khoisan workers on colonial plantations.
However, by the early 19th century, cannabis faced growing opposition. The concept of "dagga insanity," akin to the U.S.'s "reefer madness," emerged, particularly with racist fears about the plant's effects on indigenous African and Indian populations. The British feared cannabis use led to crime and diminished productivity among the labor force, especially among Indian workers who brought their cannabis traditions with them.
Despite these fears, cannabis continued to be widely used and traded. In 1870, the Natal colony banned cannabis use by Indian laborers, although it remained legal for others. As global drug panics grew in the early 20th century, cannabis was eventually banned in South Africa in 1928, a ban that would last until the 1990s, even after the country transitioned to democracy in 1994.
Despite its prohibition, cannabis remained prevalent in South Africa’s underground economy. Farmers, revolutionaries, and others continued to cultivate and distribute cannabis, with some strains eventually reaching international markets, especially in Europe and the U.S. During the 1960s, the hippie movement fueled the demand for South African cannabis.
Cannabis and the Apartheid Era
Under Apartheid, the South African government harshly enforced cannabis laws. However, large-scale cannabis cultivation in the semi-autonomous Bantustans, where the plant thrived, was largely overlooked by authorities. This tacit approval continued until the late 1980s when the U.S.-led war on drugs prompted the South African government to target cannabis farms with herbicides, including paraquat, a toxic chemical banned in many countries but still in use in South Africa.
Environmental groups eventually succeeded in halting the use of paraquat in 1990, but the government continued spraying other toxic chemicals like glyphosate, despite concerns over its health and environmental impacts. Activists succeeded in halting this practice as well, but local communities, especially the amaMpondo, are still seeking reparations for the damage caused by these herbicides.
The fall of Apartheid in 1994 brought hopes of cannabis legalization or decriminalization, particularly due to the ANC’s involvement in the cannabis trade during the anti-Apartheid struggle. However, the ANC’s government continued the prohibitionist policies, imprisoning individuals for cannabis possession and spraying herbicides over cannabis farms in the Eastern Cape.
Despite these challenges, the cannabis trade in South Africa persisted, with cannabis from the region finding its way into global markets, particularly in Europe and the U.S., where it was crossbred with European strains to create some of the world's most renowned cannabis varieties, including the iconic "Swazi Gold."
Today, as South Africa enters a new era of cannabis legislation, the plant's cultural, economic, and historical significance continues to shape the country's evolving relationship with cannabis.
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