South Africa Legalized the Use of Cannabis
South Africa has taken a bold step by legalizing the use and cultivation of cannabis for private recreational purposes, a move that puts the country at the forefront of drug reforms on the African continent.
This historic decision, signed by President Cyril Ramaphosa, comes at a crucial moment for the country, coinciding with the loss of the African National Congress's majority in the general elections of May 27.
A Historic Step
On the eve of the May 27 general elections, which saw the African National Congress lose its majority for the first time in 30 years of South African democracy, a significant change to drug laws occurred that went almost unnoticed by most.
A day before the historic vote, President Cyril Ramaphosa signed the Private Use of Cannabis Act into law, making South Africa the first African nation to legalize marijuana use.
The new law removes cannabis from the country's list of prohibited narcotics, allowing adults to now grow and consume the plant, as long as it is not in the presence of children.
The law also stipulates that the records of those who committed acts previously considered illegal will be automatically expunged. However, it remains unclear how and when this will happen, or whether any of the 3.000 people arrested for cannabis-related offenses by 2022 will be released.
The Cannabis Trade
Despite years of campaigning and negotiations, activists say the fight is not over. Myrtle Clarke, co-founder of the Johannesburg-based NGO Fields of Green for ALL, expressed joy that cannabis is no longer classified as a dangerous and addictive substance in South Africa.
However, the issue of trade remains to be resolved, as it remains illegal, unlike in other countries where cannabis has been legalized, such as Malta, Canada, and Uruguay. Cannabis cannot be legally purchased in South Africa unless cultivated on one's own. The sale of cannabis remains illegal except for medicinal purposes prescribed by a doctor.
Since a 2018 court ruling that found private cannabis consumption constitutional, the government has been instructed to prepare legislation to legalize it within two years.
Since then, shops and apothecaries have been selling cannabis under Section 21 of the Medicines Act, which allows "unregistered medicines" to be prescribed by a doctor. The 2018 ruling meant that cannabis could be included in this list.
Although some of these shops have been targeted by authorities due to legal uncertainty, many continue to operate, leading to a significant increase in the number of cannabis clubs and shops in the country. Charl Henning, a member of Myrtle Clarke's team, noted that although cannabis trade is already a reality, it needs to be regulated.
The History of 'Dagga'
Southern Africa has one of the world's longest histories with cannabis, introduced to the continent by medieval Arab traders. Dutch colonists encountered the Khoisan people using the plant, known as "dagga," when they landed in Cape Town in the 17th century.
Over the years, cannabis has been used for a variety of purposes, from soothing Zulu warriors' nerves before battle to providing relief during childbirth for Sotho women. However, the history of cannabis in South Africa is also marked by controversy and prohibition.
In 1922, the sale, cultivation, and possession of the plant were banned nationwide, with apartheid exacerbating the repression of cannabis use. During the 1970s, the Substance Abuse and Rehabilitation Centers Act, considered one of the strictest in the Western world, was imposed, primarily affecting segregated communities.
The Domino Effect
The legalization of cannabis in South Africa is a major milestone that other African countries are closely following. While some, such as Malawi and Ghana, have legalized medicinal marijuana and other similar products and stopped penalizing small amounts for personal use, South Africa is ahead of the curve, becoming the first African country to allow recreational cannabis use.
In Morocco, for example, the use of cannabis for medicinal and industrial purposes was legalized in 2021, and full legalization is now a topic of public debate. Eswatini, a small kingdom between South Africa and Mozambique, is also considering revising its British colonial laws prohibiting insangu (cannabis).
Trevor Shongwe of the Eswatini Hemp and Cannabis Association expressed concern that the legalization of cannabis in South Africa could create unfair economic competition, negatively impacting smallholder farmers in Eswatini. He believes the only solution is the legalization of the domestic market in Eswatini and the demarcation of its famous Swazi Gold strain.
Conclusion
The legalization of cannabis in South Africa marks a turning point for the continent and raises the question: will other African countries follow suit? The move is a significant step, but many challenges remain before regulating the trade and changing long-held social perceptions about cannabis use.
Despite the uncertainties and remaining barriers, this new law represents an opening for broader discussions about cannabis use in Africa, potentially inspiring similar reforms in other countries and promoting a gradual shift in drug policies on the continent.
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Picture: © Niko Vorobyov / Al Jazeera
