The hemp and cannabis sector has welcomed recent engagements with the government, where plans were discussed to work towards realising a thriving and inclusive domestic cannabis economy.
The sector is one of 14 priority sectors that have been defined in government’s Country Investment Strategy as holding significant potential to secure investment, job creation and support for sustainable rural livelihoods, in recognition of people’s rights.
Given the need for urgent implementation, under the auspices of the Department of Agriculture Land Reform and Rural Development, together with the Presidency, the government convened the Cannabis and Hemp Phakisa Action Lab recently.
Legal expert and chief executive of Onlyfarms.app – a marketplace and investment platform – Shaad Vayej said the engagement was progressive and he was “impressed” with the solution-driven gathering where various key stakeholders in the government, traditional leadership, representative bodies, industry and research engaged.
“It was a momentous occasion to see participants who were historically on opposite sides of the cannabis legalisation question come together to work constructively towards realising a thriving and inclusive domestic cannabis economy in the near future.
“Some key outcomes were that the government intends to fast-track the removal of cannabis from the Drugs Act, which currently criminalises non-medical dealing in cannabis, subject to certain exceptions.
“This is something the Cannabis for Private Purposes Bill, which is now at an advanced stage of consideration, has purported to do.
“The government intends to review the schedules to the Medicines Act, which currently contain THC and CBD thresholds that present significant risks of commercial non-viability, and legal uncertainty for industrial cannabis cultivators who may breach those thresholds due to our favourable climate; and adult use, also known as recreational cannabis, is still not yet legal in South Africa and remains an uncertain value proposition.
“However, the government does recognise the urgent need to successfully migrate participants away from the illicit market towards an established, lawful market and to include indigenous farmers,” said Vayej.
The purpose of Phakisa was also to secure policy coherence and agreement on a programme of well defined, time bound and assigned activities across multiple government departments working in close collaboration with all stakeholders, he said.
“What this means for the general public and the industry at large is that the government intends to fast-track the proliferation and commercialisation of industrial cannabis by removing the current legislative hurdles to widespread investment in the sector.
“It means government is making good on some of its targets and commitments identified in the National Cannabis Masterplan, and we may soon see a thriving industrial cannabis value chain, with all the jobs, innovation and opportunities it presents.”
Phakisa resolved to reinforce previous instructions to all SAPS members to respect the privacy rights of cannabis cultivators and users, and to ensure the least intrusive measures are used when securing an accused’s court attendance.
Further measures will be taken to ensure that the SAPS treats cultivators, users and dealers of cannabis with respect for their constitutional rights.
Cannabis activist Ras Hein said while the current South African cannabis market was illicit, “it has the potential to create a billion-dollar international market”.
He highlighted that social justice issues were still a challenge, with the police criminalising individual possession.
“The cannabis community has breathed a sigh of relief as there seems to be a lot of progress being made, and it is a move in the right direction.
We do believe that civil society must continue to pressure indigenous and Rastafari communities,” said Hein.
“At Phakisa, they said they would start punishing police officers or law enforcement that were criminalising people for cannabis possession.”
Lobby group Fields of Green for All said: “While we are reasonably optimistic about these many new developments toward enabling an inclusive, sustainable, and equitable cannabis sector, we have years of hard work ahead of us.
“The Cannabis Phakisa is but one of many steps to take in this long and challenging journey. However, we know that we walk with our cannabis community and activists.”
Congress of Traditional Leaders of South Africa general secretary Zolani Mkiva said he was also pleased with the progress made at Phakisa.
“We realise the need for progress in unlocking the potential embedded in the cannabis sector, and Phakisa is a critical step forward in our efforts to harness the unexplored sacred natural resources of our country,” said Mkiva.
In a letter to the Phakisa participants, President Cyril Ramaphosa indicated his trust in the process.
“I am confident that the collaborative commitment to work together which characterises our society will find expression in the Hemp and Cannabis Phakisa, leading to immediate short-term regulatory reform, the adoption of a set of foundational policy principles to achieve longer term legislative reform, and a detailed plan to achieve inclusive growth and investment.”
Cape Times