Why South Africa’s Cannabis for Private Purposes Bill doesn’t make sensePosted by On

Drawn up by the Department of Justice and Constitutional Development, the draft Bill aims to regulate the cultivation, possession and use of cannabis and cannabis plants by adults for personal use. It also aims to protect adults and children against the harm of cannabis.

Two years after the Constitutional Court ruled that cannabis would be decriminalised and could be used for personal and private use, it was hoped that the draft Bill would create a framework for business opportunities around cannabis to flourish, but this hasn’t been the case.

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According to law firm Cliffe Dekker Hofmeyr’s senior associate Andrew MacPherson, the draft Bill was anticlimactic for several reasons. Firstly, he says, the fact that it was drafted by the Department of Justice and Correctional Services belies a particularly conservative approach to the drafting process.

“The focus…

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