The Constitutional Court, cannabis — and important caveats

Many products, available online especially, do not fall within the parameters of the exemption, which makes these products and their sale illegal in SAA lot of attention has been given to the changes in the SA legislative framework in so far as it relates to cannabis .

Section 4 of the Drugs Act essentially prohibits the use or possession of any dependence-producing substances , while section 5 prohibits the dealing of such substances, unless an exception listed in one of these sections applies. This legislative change has far reaching results. It directly affects the rights of the person using cannabis in their personal capacity, as well as the rights of the person around them.The only change so far since the Court’s decision is an exemption regarding CBD-containing products released by the SA Health Products Regulatory Authority . Parliament is yet to amend the invalid sections and now has less than a year to do so.

Although a person can grow cannabis in a private place, the means of obtaining the seeds to cultivate remains illegal.The legalisation of cannabis for personal use in SA will create a causal effect in many other areas of the law that parliament must address. Since the Court judgment, many South Africans think they can grow cannabis at their homes and sell it, a common misconception. Others are also under the impression that buying CBD oil for personal use is legal. Many of these products, available online especially, do not fall within the parameters of the exemption and are also not registered as medicines, which makes these products and the sale thereof illegal in SA.

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