What history teaches us about shaping South Africa's new cannabis lawsPosted by On

South African cannabis policy is currently at a crossroads. In 2018, the Constitutional Court effectively decriminalised private cannabis use. Since then, the government has continued to grapple with how to regulate this plant and its products, locally called ‘dagga‘.

A cannabis bill to clarify legal reforms was recently presented in parliament. Yet, medical and civil rights groups who advocate rights-based approaches remain wary of the ongoing potential for discrimination. They argue it will benefit the affluent and impact negatively on vulnerable communities, who may not have space at home to cultivate the crop and will be criminally penalised for smoking cannabis outside the home.

With a cannabis industry estimated at over R300-billion US dollars worldwide, much is at stake. Already, South African boutique producers are navigating legal loopholes to deliver cannabis products to young, urban middle-class consumers. Some government officials see dagga as a ticket to economic growth. This is through agriculture and medicinal products that can be marketed for pain alleviation, sleep and skin care.

But, would further liberalisation invite “corporate capture” as some development practitioners fear? If so, what will happen to people in rural communities who, for decades, have eked out risky livelihoods by illegally cultivating dagga? History provides crucial insights into the…

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