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South African lawmakers approve marijuana legalization bill years after court deems prohibition unconstitutional

November 17, 2023 by Kyle Jaeger

South Africa’s lawmakers have passed a bill that legalizes marijuana cultivation and possession by adults.

The National Assembly approved the legislation Tuesday, paving the way for a possible agreement by the National Council of Provinces of the bicameral parliament.

Reform has taken years to complete. Lawmakers have long passed a deadline set by the Constitutional Court in 2018, which deemed the prohibition of simple possession and cultivation illegal and mandated legislative changes within two years.

In 2020, the bill codifying legalization was introduced, but no action has yet been taken, despite the fact that South Africa’s Government has listed cannabis as a sector to be prioritized in order to promote economic growth.

The bill, as revised by Parliament’s Justice Committee and approved by the National Assembly does not contain specific limits on possession or cultivation. The Citizen reports that Ronald Lamo, Minister of Justice and Correctional Services, is expected to issue a separate set of rules to address this matter.

The lawmakers have made it clear that this measure does not allow for the legal sale of cannabis. Adults must grow their own cannabis plants and can only consume it in their home.

People should remember what this bill is all about. Janho Engelbrecht , MP for , said that the bill is about cannabis used privately by adults. You are not allowed buy or sell marijuana, as this is still a criminal act with serious consequences. You can’t smoke cannabis if you don’t grow it yourself.

also provides an expungement of previous marijuana possession and cultivation convictions.

The bill would be sent to President Obama for his assent if the National Council of Provinces approves and passes it. At that point, the reform will be implemented.

The Parliament spokesperson, Moloto Mothapo, has stated that the government hopes that the noncommercial legalization will be a springboard for legislators to adopt more robust regulations in support of the establishment of a cannabis market in the nation.

In his State of the Nation Address last year, South African President Cyril Ramaphosa stated that he wanted to see the country join the global medical cannabis and hemp industry. He argued it could create more than 100,000 new jobs.

The simple legalization bill, which is currently moving through Parliament, is primarily focused on the removal of criminal penalties, in accordance with a unanimous 2018 ruling by the Constitutional Court, following a lower court’s decision to end prohibition in Western Cape Province, covering Cape Town.

Mexico’s Supreme Court also ruled that marijuana criminalization was unconstitutional in 2018, giving lawmakers the mandate to revise laws. This reform has been discussed in recent sessions but is yet to be implemented.


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The post South African lawmakers approve marijuana legalization bill years after court deems prohibition unconstitutional first appeared on Marijuana Moment.

Kyle Jaeger
Author: Kyle Jaeger

About Kyle Jaeger

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