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Cannabis Bill out for public comment as majority in Parliament gives it the nod

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Johnathan Paoli

THE Select Committee on Security and Justice has called on all role players and stakeholders to submit comments on the Cannabis for Private Purpose Bill.

The purposes of the Bill are, among other things, to respect the right to privacy of an adult person to use or possess cannabis; regulate the use or possession of cannabis by an adult person; and provide for an alternative manner in which to address the issue of prohibited use or dealing in cannabis by children, with due regard to the best interest of the child.

The Bill also prohibits the dealing in cannabis and provides for the expungement of criminal records of persons convicted of possession or use of cannabis or dealing in cannabis on the basis of a presumption.

Earlier this month, the National Assembly approved the bill which has been in the works since the country decriminalised private cannabis use in 2018 and now it heads to the National Council of Provinces for concurrence.

Parties including the ANC, DA, IFP, EFF, NFP and PAC all showed support for the bill, while the FF+ and the ACDP opposed it during the National Assembly’s plenary meeting.

DA MP Janho Engelbrecht said in the National Assembly, that adults would only be allowed to use cannabis privately in their homes and sales will still be strictly prohibited should the measure pass.

“People should bear in mind what this bill is about. It is about cannabis for private use by adults. You are not allowed to buy or sell cannabis, because this still remains a criminal activity with severe consequences. If you want to smoke it, you have to grow it, don’t buy it,” Engelbrecht said.

Overall, the Bill is expected to allow for the cultivation of a stipulated quantity of cannabis plants, the possession of a prescribed amount of cannabis and the use of cannabis and also seeks to expunge criminal records of those convicted of possessing or using cannabis or dealing in cannabis based on a presumption.

Parliament has said that the closing date for written submissions is 19 January 2024.

Studies have shown that cultivating and exporting cannabis for medical applications could create R100 billion a year for the South African economy, adding 100,000 desperately needed jobs.

Although President Cyril Ramaphosa in his 2022 and 2023 State of the Nation Addresses said that a fully-fledged cannabis industry would be created, minimal progress has been made due to confusing laws and an industry moving at a snail’s pace.

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