
South African government to speed up cannabis reform legislation |
Almost alone in a sea of naysayers (worldwide), South Africa currently appears to be moving forward without compromise and creating a regulatory regime for the burgeoning local cannabis industry. While this has been planned since 2019, it just got a turbo boost — from the country’s president himself.
President Cyril Ramaphosa said in his State of the Union address on Thursday February 10 that the cannabis industry is on track to create 130,000 jobs domestically. As a result, creating a regulatory and policy framework for the industry to function is a priority even now.
“We want to use that,” he says. “We will expedite policies and regulations on the use of cannabis for medicinal purposes, particularly in the Eastern Cape and KwaZulu-Natal.”
The new focus on reform here is an interesting turn of events that many predicted would gain momentum as the world emerges from COVID. The Personal Use Cannabis Act has made its way through Parliament since its introduction in September 2020 but has repeatedly stalled. Until now, that is.
The legislation establishes specific rules and guidelines for both cannabis users and those who wish to grow the plant.
The bill would allow adults to possess and grow cannabis in a private place, as well as use prescription cannabis.
As Ramaphosa explained, he and his government are looking for ways to help promising new industries with high growth potential and find a good business climate in the country.
“We are therefore streamlining the regulatory processes to allow the hemp and cannabis sectors to thrive like other countries like Lesotho.”
The move is a long time coming but is clearly a boost in the arm for South Africa’s burgeoning industry. As of 2018, the country’s Constitutional Court ruled that individuals should not be restricted from consuming and growing cannabis at home. The decision also gave lawmakers two years to pass legislation — a timeline that clearly blew up.
As in Mexico, the combination of legislative follow-up and COVID has now delayed that move by another two years. This delay seems to have just come to an end.
A big step forward or a confusing mess?
So far, the law has been widely criticized for its confusing rules and harsh penalties. While the bill excludes minor misdemeanors, it does not establish a basis for commercialization (which has largely stalled the industry so far) or what law enforcement may or may not do. For example, people who smoke in public can be sentenced to two years in prison. Anyone who smokes in front of children faces four years in prison.
Proponents have also criticized the legislation for only benefiting those who have the space to grow and consume cannabis privately. High penalties put pressure on poor and vulnerable communities who don’t have that luxury. Developments like cannabis clubs have also existed on shaky ground.
In response to the criticism, the South African Department for Agriculture, Land Reform and Rural Development (DALRRD) presented a “cannabis master plan” last summer to give momentum to passage of the law. Their additions also incentivize farmers, creating not only an export but also a local market. But despite the enthusiasm, the bill has stalled since last September.
It is clear that Ramaphosa is not only responding to global cannabis reform, but rather to internal pressures that include an urgent need to rally support for a troubled economy and quell social unrest across the country, including in regions now pro-cannabis reform are provided. In fact, the President appeared at the State of the Union address in clothes and shoes made in the country.
“We are engaged in a battle for the soul of the country and we will not be defeated,” he said.
Quite ironically, given the country’s long and troubled history, for the first time anywhere in the world, cannabis reform appears to be doing a large part in bringing peace, if not prosperity, to South Africa.
Cannabis reform in Africa
The entire enchilada has steadily evolved throughout the southern African region in recent years. Lesotho was the first African country to export to Europe last year. Meanwhile, other countries such as Uganda (which exports to both Israel and now Germany) as well as Zimbabwe have made strides to attract investors and allow for the cultivation and export of both the plant and the products made from it. Morocco is also progressing further north.
For African nations, the export of this plant represents a high-priced commodity crop that promises to bring much-needed foreign exchange to a part of the world that is generally struggling with economic development beyond the crisis caused by the pandemic.
But in South Africa there is also clearly strong support for the growth of a domestic industry that goes beyond high-dollar exports.
Politically, in other words, Pot may just have become a convenient political focal point for a leader faced with both economic and social turmoil. And where South Africa is stepping in, the rest of the world may finally be ready to follow.
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