In a landmark judgment, during September 2018, the Constitutional Court (CC) declared legislation that criminalised the use, possession and cultivation of cannabis in private dwellings within South Africa, as unconstitutional. At that time, cannabis had already been permitted for medicinal use in South Africa.

The CC further ordered that legislation within the Republic had to align itself with the judgment within 24 months. In response, law and policymakers then created a Cannabis Masterplan wherein they attempted to cure the unconstitutionality of cannabis-related legislation. Whilst lawmakers have fell behind the CC’s timeline, the signing of the Cannabis for Private Purposes Bill into law, is set to take place during the 2022/2023 financial year, and allows legislation to align itself with the CC’s judgment.

The Bill seeks to provide context to how private individuals may possess cannabis in their homes, and how individuals may cultivate cannabis plants. The term used in the Bill is “private place”, and it is only in such place that the use, possession and cultivation of cannabis may take place. In terms of the Bill, “‘private place’ means any place, including a building, house, room, shed, hut, tent, mobile home, caravan, boat or land or any portion thereof, to which the public does not have access as of right”.

So, what are the basic parameters of private citizens use of cannabis?

The graph below illustrates the basic restrictions and quantities on private cannabis use and cultivation per the Cannabis for Private Purposes Bill:

With the legality of private use of cannabis, there are several questions raised in respect of the control of its use and cultivation. Whilst the South African Police Services will be in charge of ensuring adherence to the restrictions placed and charging offenders, one has to look at how the various metropolitan, district and local municipalities will amend or adopt by-laws and policies to fall in line with the Cannabis for Private Purposes Bill, once it is signed into law.

With municipalities either not having any necessary by-laws and policies or having outdated by-laws and policies, which still regard cannabis as an illicit substance, they would need to ensure the freedom of its citizens being able to not only use cannabis, but be able to cultivate cannabis within the confines of their home, amongst other private places.

As the cannabis legislation is likely to develop and progress to provide more latitude, municipalities must also ensure they keep up with such developments, and not fall short.