With the new laws in South Africa relating to the use of weed/marijuana/cannabis many are confused about what their actual rights are and how they can enjoy or use it for religious or health purposes. In September 2018 the Constitutional Court ruled that it is not a criminal offence for an adult citizen to use, possess or grow cannabis in private for personal use.
Currently, cannabis supplements with less than 0.001% of THC and less than 0.0075% CBD are legally exempted as a health supplement. Supplements that fit into this description are legal to purchase and sell in the public sector. For those not based in South Africa make sure you are following the laws and regulations of your country.
The difference between THC and CBD will be addressed in my next article in this series which will give you all the information you need to understand the cannabis plant and how to legally grow it.
What does in private use mean?
Private use laws relate to cannabis that has THC or CBD values above the allowed levels. Cannabis with a high THC value is usually used for recreational use. You may keep cannabis on your person, in your car, at your home or in any property you privately owned. You are allowed to share your weed with guests in your private property but you cannot sell it.
How much are you allowed?
They did not give a weight value to how much is too much, but instead gave the Police the right/discretion to decide if it is too much. Too much would mean the Police feel you have too much weed for yourself and therefore believe you intend to sell, which is illegal. As long as the Police can’t prove that you are growing for selling purposes there is no current limit, with many saying 3 plants per person. 3 plants per person is based on the assumption that when you plant you will get a large harvest from each plant, which is not always the case.
Can you buy seeds?
This is a funny topic… You can grow your own plant but you are not allowed to buy the seeds. Currently South African law only allows you to buy seeds if you declare that they are for souverneir purposes, meaning you buy them to keep/collect and not to sell. Should you cut a trim/create a clone or be given seeds from a friend then this is legal procurement of a seed/plant.
In my next articles I will tackle subjects such as:
- Difference between THC and CBD
- How to select your seeds and when to plant
- Germinating seeds and managing new plant
- Male vs Female plants
- Plant care, pests and ideal conditions
- Flowering, cropping and drying your plant
