Sometimes it’s good to get a different perspective on things, so we invited Erica to join us at the International Cannabis Symposium recently held in Cape Town. She has written two great pieces for us on the different panels.  You can watch the videos HERE, but these articles are the core of what was said in these panels.  Thank you to Erica for the fresh perspective.  This is the first piece:

Panel 2 – Cannabis, government and the private sector

South Africa’s Cannabis market and its state of legal limbo

Introduction

The South African Cannabis landscape is a legislative kaleidoscope. It has been shaped by Constitutional Court judgments, regulatory amendments and departmental interpretations. There is no single, coherent piece of legislation. Over the last twenty years, hemp, medical Cannabis and private adult use Cannabis have individually been accommodated through different laws, regulations and court rulings. The current legal environment is often difficult for consumers, businesses and law enforcement to navigate.

We do have much to celebrate, despite the colourful route the country is taking to full legalisation of both medical and adult use Cannabis. South Africa was the first African country to recognise the right to cultivate Cannabis at home for private use and has one of the world’s highest THC thresholds for hemp. Entrepreneurs have built businesses, Cannabis clubs have developed voluntary standards around testing, labelling and consumer safety, and the medical Cannabis sector has continued to expand.

However, the achievements of the last twenty years have unfolded in the absence of a coherent regulatory framework. The Cannabis sector does not operate within a concretised legal framework and continues to evolve through a negotiated social contract. Businesses, consumers and regulators are each interpreting the law differently. The challenge we now face is no longer whether Cannabis should be regulated. It is how to create legislation for both the private and commercial sectors that is practical, consistent and capable of balancing public safety, individual rights and economic opportunity.

A constitutional right without a legal blueprint

The Constitutional Court recognised the right to cultivate and consume Cannabis for private purposes. The ruling stopped short of decriminalising dealing.

The resultant legal paradox means that adults may legally consume Cannabis, but many have no practical way of obtaining it unless they cultivate it themselves. Those unable to grow Cannabis are left navigating a marketplace that exists in practice but remains legally uncertain.

The market response to the regulatory vacuum

The market rules of demand and supply do not wait for legislation.

Cannabis clubs, dispensaries and private retail models have emerged and continue to operate because of consumer demand. Consequently, operators try to self-regulate through product testing, labelling and member education. Others adopt quality assurance practices that exceed current legal requirements.

The absence of clear legislation continues to create uneven standards and uncertainty for both businesses and consumers.

Section 21: Medical access carries the weight of the consumer market

Section 21 of the Medicines Act was designed to provide exceptional patient access to unregistered medicines under carefully controlled circumstances.

Instead, it has increasingly become one of the primary legal mechanisms through which patients—and in some cases consumers—access Cannabis.

This creates a regulatory conundrum, or the “lie to get high” approach.

Can a compassionate access programme continue to serve its intended purpose while simultaneously supporting an emerging retail market? And what happens to patients who genuinely require Section 21 access if the system becomes overwhelmed?

The communication vacuum

This lack of policy coherence has also created a communications vacuum. Government has yet to present a single, consistent message explaining what is legal, what remains prohibited and how the transition towards regulation is expected to unfold. 

Different government departments continue to approach Cannabis through different policy lenses. Agriculture focuses on hemp production. Health prioritises patient safety and pharmaceutical regulation. Justice is concerned with constitutional compliance. Police are expected to enforce legislation that remains open to interpretation.

Enforcement varies between jurisdictions, businesses are left interpreting the law for themselves, and consumers are often unsure of their rights. Meanwhile, a rapidly expanding retail market—estimated to be worth around R40 billion annually—continues to grow despite the absence of clear rules. Rather than operating under a settled legal framework, South Africa’s Cannabis sector has evolved through this negotiated social contract: a market that exists in practice, even as the law struggles to catch up.

We want to regulate!

The Cannabis sector is not arguing against regulation.

Industry representatives consistently call for minimum standards covering product testing, quality assurance, storage, traceability, child protection and consumer safety.

The issue is not whether regulation should exist, but whether it is proportionate, practical and capable of supporting a legal market while encouraging participants to transition away from the illicit economy.

However, there is a current lack of reliable national data to drive regulatory and legal reform. South Africa has limited baseline information on Cannabis consumption, purchasing behaviour and health outcomes. Without clear evidence, policymakers struggle to design regulations that balance public health, consumer protection and economic development.

Better regulation begins with better information.

Can government and the Cannabis sector eventually create legislative clarity?

South Africa has largely answered the question of whether Cannabis has a place in society. It does.

Cannabis is already being cultivated, prescribed, sold, exported and consumed. Businesses have emerged, consumers have adapted and entrepreneurs have demonstrated remarkable resilience despite legislative uncertainty.

The real challenge now is no longer legalisation—it is governance. South Africa needs a regulatory framework that is coherent across departments, practical for law enforcement, protective of consumers and inclusive of the communities that have shaped the country’s Cannabis heritage for generations.

Until that happens, the country will continue to operate in a legal grey zone. The market has already moved ahead. It’s time for the law to catch up.