The Latest Cannabis Laws South Africa 2023 Quantities-Offences-Penalties-Full Summary

Introduction

Whilst the release of the CANNABIS FOR PRIVATE PURPOSES BILL (B19-2020), which ultimately paves the way for the legalization of cannabis use and the creation of a cannabis industry in South Africa, is good news, it seems that there is still much confusion and in-fighting. The bill has faced some criticism as it excludes rural communities and completely excludes the trade in cannabis or any derivative products, including bizarrely seeds. Even though there is no limit on the number of seeds one may privately own and the gifting of cannabis related products with limits is allowed.

The Bill was meant to be finalized and published into law this year, 2023, and despite President Cyril Ramaphosa’s promise, in February 2023 during his State of the Nation address, that the cannabis in would benefit in particular small farmers in traditionally rural cannabis producing communities, there is seemingly still a long process to follow. Meanwhile, there also seems to be an economic heist in the potential 2 billion Rand industry, since the onerous requirements for licensing and equipping a facility amounts to millions of Rands.

Despite many other criticisms and peculiarities, there are already stipulations, offences and penalties. As well as, for those with cannabis related criminal records the possibility of the expungement / erasing of their criminal records.

If you would like to read the latest full bill you can click this link: Latest Bill

Alternatively, we summarize the bill as far as is possible in laymen’s terms below. In essence the Bill has the following sections to skip to a section click on that sections link:

The Latest Cannabis Laws South Africa 2023

1. Definitions and Interpretation
2. Prescribed Quantities for personal use by Adult Person
3. Cultivation Offences
4. Cannabis Offences
5. Smoking and Consumption Offences
6. Offences Involving Children
7. Penalties
8. Expungement of criminal records of persons convicted of possession or use of
   cannabis
9. Regulations
10. Repeal or Amendment of Laws
11. Conclusion

1. Definitions and Interpretation

This is a long list of mostly alphabetized definitions, most notable amongst which are:

• “adult person” means a person who is 18 years or older.
• “cannabis and dried cannabis” means, naturally this is a broad description which includes, “the flowering and fruiting tops the flowering or fruiting tops and the leaves of a cannabis plant that have been separated from the plant, but excludes any seed, seedling, the stalk and branches without any leaf, fruit or flower, and the roots of a cannabis plant; and (b) any substance which contains THC, and fresh cannabis, dried cannabis and cannabis concentrate,” liquid or solid are “classes of cannabis” The definitions go on to describe “cannabis concentrate and cannabis equivalent,” where 1 gram of dried bud is the equivalent of 5 grams of fresh/green bud. As well as “cannabis plant, cannabis plant equivalent, cannabis product,” and lastly “cannabis plant cultivation material” means seeds or seedlings of a cannabis plant.
• The Bill also distinctly defines ‘flowering cannabis plant’’ and ‘‘fresh cannabis.’’
• Since the Bill rightly seeks to protect children. “child” means a person who is under the age of 18 years old. The Children’s Act is also cited, amongst others in reference to “guardian.”
• “commercial quantity” means the quantity that exceeds-(a) the quantity of any flowering cannabis plant or its cannabis plant equivalent; or (b) the quantity of any dried cannabis or its cannabis equivalent.
• “consideration” means any form of compensation, gift, reward, favor or benefit. This is a rather important one as it covers gifting quantities and penalties.*
• “consumption, consume, cultivate, cultivation and harvest” are similarly defined.
• “deal in”’ means to provide for consideration (payment of any kind), receive for consideration, sell, buy, offer for sale, offer to purchase, import, advertise for sale, export and any other conduct to facilitate selling.
• “dwelling” means any part of a formal or informal structure that is occupied as a residence, or any part of a structure or outdoor living area that is accessory to, and used principally for the purposes of, a residence. ‘This is important because it designates out-buildings as part of the main dwelling.’
• “hemp“’ means a plant of the genus Cannabis which-(a) has a concentration of THC in the leaves and flowering heads that does not exceed the percentage as may be prescribed in terms of; and (b) is cultivated under authority of, a law that regulates its cultivation. ‘Please note, that even the cultivation of hemp is governed by strict regulations.’
• An “immature cannabis plant” means a non-flowering cannabis plant that is – taller or wider than 15 centimeters, whilst a “seedling” means a non-flowering cannabis plant that is not – taller or wider than 15 centimeters.
• Given the mandatory concerns about smoking and flying whilst driving, albeit in slow motion the “National Road Traffic Act” is also cited.
• “personal use” means for the exclusive use of an adult person. Furthermore, “possess in private,” for purposes of section 2(1)(c) and (e), means to keep, store, transport or be in control of cannabis or a cannabis plant, respectively, in a manner that conceals it from public view. ‘Note that concealed from public view is a stipulation.’
• Similarly, “private place’’ as any place, to which the public does not have access as of right, “public place, public road, and even vehicle” are described.
• ‘Amusingly, To Zol,’ or as the act defines it to “smoke” means to inhale or exhale, ‘(? huh, say what, how?)’ the smoke produced by ignited cannabis or holding or otherwise having control of ignited cannabis or any device or object that contains ignited cannabis. ‘(Let’s just call it a “Cannabis Bomb” and do what Bill Clinton did, never inhale)’
• “THC” means trans-delta-9-tetrahydrocannabinol.
• “trafficable quantity” for purposes of the sections referred to Column 1 of Schedule 4, means the quantity that exceeds – (a) the quantity of any flowering cannabis plant or its cannabis plant equivalent; or (b) the quantity of any dried cannabis or its cannabis equivalent, respectively, referred to in Column 2 of that Schedule. These are the definitions of the latest latest Cannabis Laws South Africa 2023.

2. Prescribed Quantities for Personal Use by Adult Person

This section of the bill basically explains your right to…. Perhaps the most important section for individual citizens. Please see below table for Equivalents

2. (1) Subject to this Act, an adult person may for personal use
   (a) possess unlimited seeds and seedlings – cannabis plant cultivation material.
   (b) cultivate 4 flowering cannabis plants or equivalent or eight flowering cannabis plants or equivalent per dwelling which is occupied by two or more adults. – prescribed quantity of cannabis plants in a private place.
   (c) possess in private 100 grams dried cannabis or equivalent in public, must be concealed – the prescribed quantity of cannabis in a public place.
   (d) possess 600 grams dried cannabis or equivalent per adult or 1200 grams dried cannabis or equivalent per dwelling which is occupied by two or more adults. – the prescribed quantity of cannabis in a private place; and
   (e) possess in private, 1 flowering cannabis plant or equivalent. – the prescribed quantity of cannabis plants in a public place.
   (2) Subject to this Act, an adult person may smoke and consume cannabis in a private
   place.
   (3) Subject to this Act and provided there is no exchange of consideration, *(no mutually beneficial exchange of monies, goods or services) an adult person may give to, or receive from, any adult person, for personal use, the prescribed quantity of (a) 30 seeds or seedling or any combination thereof, i.e. 30 total. – cannabis plant cultivation material. (b) 1 flowering cannabis plant or equivalent, and (c) 100 grams dried cannabis or equivalent – cannabis.

Cannabis Plant Equivalent

Cannabis Equivalent

3.Cultivation Offences:

3. (1) Any adult person who in a private place grows (a) more than 4 flowering plants or equivalent/person or 8/household, but less than 6 flowering plants/person or 12/household, is guilty of a Class C offence. Fine/4 years or both. (b) trafficable quantity – more than 6 flowering plants/person or 12/household but less than 9/person or 18/household, is guilty of a Class B offence Fine/6 years or both. (c) commercial quantity – 9 or more flowering plants or equivalent/person or 18/household, is guilty of a Class A offence. Fine/15 years or both. (2) An adult person who cultivates a cannabis plant at any place and who fails to – (a) take reasonable measures to ensure that the cannabis plant is inaccessible to a child or (Exception) (b) comply with any requirement or standard regarding the cultivation of cannabis plants in a private place for personal use as prescribed by regulation, is guilty of a Class C offence. Fine/4 years or both. . (3) An adult person who cultivates a cannabis plant in a public place, is guilty of a Class B offence – Fine/6 years or both. . (4) An adult who gives to or gets from an adult person without the exchange of consideration* – (a) more than 1 flowering plant or equivalent, but less than 6 plants, is guilty of a Class C offence. Fine/4 years or both. (b) more than 6 but less than 9 flowering cannabis plants or equivalent, is guilty of trafficking – a Class B offence. Fine/6 years or both. or (c) more than 9 flowering cannabis plants or equivalent, is guilty of a Class A offence. Fine/15 years or both. (5) An adult person who is in possession in a public place of – (a) more than 1 flowering plant or equivalent but less than 6 plants, is guilty of a Class C offence. Fine/4 years or both. (b) between 6-8 flowering plants or equivalent is guilty of a Class B offence. Fine/6 years or both. or (c) more than 9 flowering plants or equivalent is guilty of a Class A offence. Fine/15 years or both. (6) (a) Any person who deals in an immature cannabis plant, is guilty of a Class C offence. Fine/4 years or both. (b) Any person who deals in a flowering cannabis plant, is guilty of a Class A offence. Fine/15 years or both. (7) Any person who deals in cannabis plant cultivation material, (seeds and seedlings) is guilty of a Class D offence. Fine/2 years or both. (8) An adult person who provides to, or obtains from, an adult person without the exchange of consideration more than 30 seeds or seedlings, is guilty of a Class D offence. Fine/2 years or both.(Gifting/Receiving) (9) Any person who is in possession in a public place of cannabis plant cultivation material or a cannabis plant that is not concealed from public view, is guilty of a Class D offence. Fine/2 years or both. For more about the latest Cannabis Laws South Africa 2023 continue reading.

4. Cannabis Offences:

4. (1) Any person who is in Possession in a Public Place of –
   (a) more than 100g of dried cannabis bud or equivalent but less than 200g is guilty of a Class C offence. Fine/4 years or both.
   (b) more than 200g but less than 300g is guilty of a Class B offence. Fine/6 years or both.
   (c) more than 300g is guilty of a Class A offence. Fine/15 years or both.
   (2) An adult person/persons who is/are in Possession in a Private Place of –
   (a) more than 600g/person or 1200g/household of dried cannabis or equivalent but less than 800g/person or 1500g/household is guilty of a Class C offence. Fine/4 years or both.
   (b) more than 800g/person or 1500g/household but less than 1000g/person or 2000g/household is guilty of a Class B offence. Fine/6 years or both. (Trafficable)
   (c) more than 1000g/person or 2000g/household is guilty of a Class A offence. Fine/15 years or both. (Commercial)
   (3) An adult person who is in possession of cannabis at any place and who—
   (a) fails to store such cannabis in a secure space that is inaccessible to a child; or
   (b) stores such cannabis in any manner that does not comply with any requirement
   or standard regarding the storing of cannabis prescribed by regulation,
   is guilty of a Class C offence. Fine/4 years or both.
   (4) An adult person who gives to or gets from an adult person even without any payment (a) more than 100g of dried cannabis or equivalent but less than 200g is guilty of a
   Class C offence. Fine/4 years or both.
   (b) more than 200g but less than 300g is guilty of a Class B offence. Fine/6 years or both. (c) more than 300g is guilty of a Class A offence. Fine/15 years or both.
   (5) Any person who deals in cannabis, is guilty of a Class A offence. Fine/15 years or both.
   (6) An adult person who transports cannabis in a vehicle on a public road in a manner
   that does not comply with any requirement or standard regarding the transportation of
   cannabis that may be prescribed by regulation, is guilty of a Class C offence. Fine/4 years or both.
   (7) Any person who is in possession in a public place of cannabis that is not concealed
   from public view, is guilty of a Class C offence. Fine/4 years or both.

5. Smoking and Consumption Offences:

5. (1) Any person who smokes or consumes cannabis in a public place, is guilty of a
   Class D offence. Fine/2 years or both.
   (2) Any person who smokes cannabis in a public or private place in the immediate
   presence of any non-consenting adult person, is guilty of a Class D offence. Fine/2 years or both.
   (3) Any person who smokes cannabis in a public or private place in the immediate
   presence of a child, is guilty of a Class C offence. Fine/4 years or both.
   (4) Any person who smokes cannabis in a private place—
   (a) within a distance prescribed by regulation from a window of, ventilation inlet
   of, doorway to or entrance into another place; or
   (b) forming part of any place where persons congregate within close proximity of
   one another and where the smoke is likely to cause a hindrance to any person
   at that place, is guilty of a Class D offence. Fine/2 years or both.
   (5) Any person who smokes or consumes cannabis in a vehicle on a public road, is
   guilty of a Class C offence. Fine/4 years or both.

6. Offences Involving Children:

6. (1) (a) The guardian of a child who permits a child –
   (i) to possess cannabis plant cultivation material or a cannabis plant;
   (ii) to deal in cannabis plant cultivation material or a cannabis plant;
   (iii) subject to paragraph (b), to cultivate a cannabis plant;
   (iv) to possess cannabis;
   (v) to deal in cannabis; or
   (vi) to smoke or consume cannabis, is guilty of a Class D offence. Fine/2 years or both.
   (b) The prohibition referred to in paragraph (a)(iii) does not apply where the child
   assists with the cultivation of cannabis plants which the guardian of the child may
   lawfully possess for his or her personal use in a private place, in the presence and under
   the supervision of that guardian.
   (2) Any person who engages a child, whether for consideration (payment) to the child or a third
   person or not, to deal in –
   (a) cannabis plant cultivation material;
   (b) a cannabis plant; or
   (c) cannabis, is guilty of a Class A offence. Fine/15 years or both.
   (3) Any person who provides to a child, whether for consideration or not—
   (a) cannabis plant cultivation material;
   (b) a cannabis plant; or
   (c) cannabis, is guilty of a Class A offence. Fine/15 years or both.
   (4) Subject to subsection (1)(b), an adult person who engages a child, whether for
   consideration to the child or a third person or not, in the cultivation of a cannabis plant,
   is guilty of a Class A offence. Fine/15 years or both.
   (5) Any person who administers cannabis to a child, is guilty of a Class A offence. Fine/15 years or both.

7. Penalties

8. Expungement / Erasing of Past Criminal Records for Possession

This is quite a long section, with several laws having been repeeled and, it would be beneficial for affected persons to read legislation in full at this link: Latest Bill

In brief, this section of the bill provides for the automatic expungement of criminal records of individuals who have been convicted for using or possessing cannabis before the Constitution of the Republic of South Africa, 1993. If the criminal record has not been expunged automatically, the individual can apply to the Director-General to have it expunged. The Director-General will issue a certificate of expungement if the individual meets the criteria, and this must then be submitted to the head of the Criminal Record Centre, who must then expunge the record. If the Director-General subsequently discovers that the individual did not qualify for expungement, they can revoke the certificate, but the individual has the right to furnish reasons why the record should remain expunged. The Director-General may delegate their power to an appropriately qualified official, subject to limitations and conditions.

9. Regulations

This section specifies that the Minister must make regulations to provide guidelines for various aspects of the Cannabis Act. These guidelines include the manner of measuring immature cannabis plants and seedlings, requirements or standards regarding the cultivation of cannabis plants for personal use, requirements or standards regarding the storing and transportation of cannabis, the distance from a window or ventilation inlet, doorway to or entrance into another place, the form and certificate of expungement for criminal records, and the manner in which the Director-General must submit certificates of expungement to the head of the Criminal Record Centre of the South African Police Service.

Additionally, the Minister may make regulations to provide guidelines for the disposal of cannabis plants or cannabis in excess of the prescribed quantity and any other matter necessary or expedient to achieve the objects of this Act.

10. Repeal or Amendment of Laws

It would be in the best interest of those affected to consult Schedule 5 on page 12 of the bill themselves at this link: Latest Bill

11. Conclusion

It is important to note that the B19 2020 Cannabis for Private Purposes Bill is still a work in progress and that the legislation may change. That said, the guidelines at present allows South African citizens, in private / their homes, to cultivate 4 flowering cannabis plants/person or 8/household and to hold/keep 600g/person or 1200g/household of dried cannabis flower and when in public to be in possession of 1 plant or 100g of dried bud in a public place but in a concealed manner and or to gift or receive this amount. These in a nutshell are the Latest Cannabis Laws South Africa 2023, please let us know if you enjoyed this Blog Post, we’d very much appreciate it! Thanks for taking the time.

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