In a decisive move, the National Assembly officially approved the Cannabis for Private Purpose Bill during its hybrid plenary on Tuesday afternoon, 14 November 2023. The bill is now set to undergo consideration by the National Council of Provinces (NCOP).
Parliament spokesperson Moloto Mothapho explained, “This Bill aims to address the Minister for Justice and Constitutional Development and Others v Prince (Prince) judgment, which broadly focused on considerations relating to the right of privacy of adults using cannabis for private purposes.”
The bill, introduced in Parliament on 1 September 2020, underwent thorough examination by the Portfolio Committee on Justice and Correctional Services until its meeting on 12 September this year. Initially, the bill focused on the private purpose use of cannabis by adults.
After the meeting, the committee sought approval from the National Assembly to broaden the bill’s scope to include considerations for the best interests of children. “This means that the committee now had to extend its scope and also look at the use and/or possession of cannabis by a child,” Mothapho stated.
According to the bill, adults are allowed to cultivate and possess a prescribed quantity of cannabis in private, while smoking and consumption of cannabis in public are strictly prohibited. In relation to children, the bill prohibits them from possessing, dealing, or smoking/consuming cannabis.
As the bill approaches its final stages, if the NCOP agrees without making changes, it will be sent to the President for assent. Upon receiving the President’s approval, the bill will officially become an Act of law.
However, if the NCOP recommends changes, the bill will be returned to the National Assembly for further consideration.
To read the full Bill, click here – Cannabis Bill for Private Purposes.
As South African legislation undergoes transformation, readers are invited to share their thoughts on these developments in the comment section below.
