Police have been instructed to no longer arrest people for personal cultivation and/or possession of cannabis,writes. There has been confusion regarding the legal position relating to cannabis since the Constitutional Court in 2018 ruled that cultivation and possession of the plant for private use is legal. This judgment has become known as Prince 3.
But the Constitutional Court did not confirm the decriminalisation of dealing in cannabis. This means that until Parliament changes legislation, dealing in cannabis, as defined by the Drugs and Trafficking Act, is still not permitted. This includes performing any act in connection with the transhipment, importation, cultivation , collection, manufacture, supply, prescription, administration, sale, transmission or exportation of the drug.
Meanwhile, the government said that progress has been made in the development of a policy for the hemp and cannabis sector, as stakeholders have collectively agreed on regulatory reforms.
Currently farmers who have licences, grow their hemp and cannabis indoors under controlled conditions. The commercialisation will allow them to farm outdoors on a larger scale. The opportunity to commercialise the hemp and cannabis industry is that it is a new, fast-growing, multi-billion dollar sector with local and international markets.