WHY CANNABIS
is LEGAL in ZA!!

• APRIL 2024 - As reported by the Mail & Guardian - They forget to mention it's already legal.

“We are moving to create the conditions for the sector to grow,” Ramaphosa said in his 2024 SONA speech. In 2022, he announced plans for the growth of the cannabis and hemp industry, recognising the industry’s potential for investment. Ramaphosa added that “The legal hemp and cannabis sector has the potential to create more than 130 ,000 new jobs in South Africa.” 

It's really all just about VAT now. If you're operating a business those are the regulations.
If your business is Cannabis then you need to be collecting VAT simple as that really...

YET, South African Police Services refuse to acknowledge the constitutional decision!!
This is holding up investment in the industry and paradoxically helps unethical growers.

• APRIL 2022 - Legal As Wellness Supplement as per SUPREME HIGH COURT Ruling:

ZA Supreme Court of Appeal upholds High Court's declaration of invalidity with regard to General Regulations under Medicines and Related Substances Act. Which means that SAHPRA has no authrority to regulate natural products. However, SAPS has refused to update their website and acknowledge the judgement - claiming the Trafficking Act supersedes the Medicines Act!!

However according to ZA Constitution if there are two conflicting laws then the least restrictive one must apply. As 36.1(e) Limitation of rights - less restrictive means to achieve the purpose.  

This refers to the following passage which says laws can be applied to restrict rights {36. The rights in the Bill of  Rights may be limited only in terms of law of general application to the extent  that the limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom, taking into account all relevant factors...}

• The Medicines Act is clearly less restrictive than the Trafficking Act, hence it applies!

Also, as a body of the ZA government, SAPS must; 'respect,  protect,  promote and fulfil the rights in the Bill of Rights' in the South African Constitution as per section 7.2 as such they must respect the ruling of the Supreme & High courts and publicly declare that the Trafficking Act is invalid.

Since, in 2022, the Constitutional Court declared that SAHPRA has no authority to regulate herbal products; with Cannabis plants and flower no longer listed as banned substances within the Medicine Act - having been completely removed from scheduling, Cannabis is simply legal.

• Other Considerations in applying section 36.1(e) and 7.2 in favour of the Medicines Act:

> In December 2020, UNITED NATION CND, the drug policy making body of the UN reclassified cannabis and cannabis resin under an international listing that recognizes its medical value. 


> In 2017 the high court & 2018 the high court of appeals agreed respectively that South Africans can grow an UNLIMITED AMOUNT of PLANTS on a private property. And that this also covers the transportation of plants and plant material in your pocket, backpack, or vehicle.


> In 2014, the Medical Innovations Act protected the right of South African citizens to access any medical treatment which has show promise in studies. This was simply a ratification by Parliament of our Constitutional rights. And covers not just cannabis but any effective substance.


> In 2013 the ZA Government acknowledged our petition by allowing business incubation crops to be planted. This was only after the international hemp community sent products from around the World for our Miss South Africa - Earth Hemp Photo Shoot; Now look at how far we've come...