Spotlight
LEGALITY VS REALITY
Could there be another legal definition of cannabis coming to South Africa?
Might well be on the cards says lawyer Andrew Lawrie of Schindlers’ Attorneys, who told the Cheeba Craft Cannabis Summit on 25 February 2021 that the High Court challenge on the legality of private cannabis clubs may open up new legal definitions along the lines of:
- Illegal cannabis: (recreational cannabis that is bought or sold illegally)
- Medicinal cannabis: (CBD and other approved supplementary products that fit within the legal framework of the law), and
- Private cannabis: (cannabis exchanged for non-commercial purposes as outlined in private cannabis club guidelines that fall within constitutional rights).
Much depends on the High Court application by The Haze Club director, for his constitutional rights to be recognized and the final form of the Cannabis for Private Purposes Bill which will come before parliament later this year. See Lawrie’s main take-out points of the bill here.
Also look out for regulatory changes governing the cultivation of hemp and the local processing of cannabis for CBD coming up on the South African regulatory and legislative calendars in 2021. And please, for heaven’s sake, where is the Cannabis Master Plan that the government has been so coyly promising but remains trapped in some deep, dark bureaucratic hole?
Cannabiz Africa Take-out Point: The more precise legal definitions around cannabis, the easier it will be for entrepreneurs to grow their businesses in this exciting new market.
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Power Players
Pierre van der Hoeven
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Cliff Giesenow
South Africa
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Tito Mboweni
South Africa
South African Finance Minister Tito Mboweni pulled the plug on the Section 12J tax break in his Budget Speech, a day before SilverLeaf Investments launched as a Section 12J vehicle. To be fair, the Finance Minister is under enormous pressure to fund a ballooning deficit, but we think he should be focusing on improving the investment climate, not restricting it. The Minister is the most pro-cannabis cabinet member but has been strangely silent on the legalization issue lately. C’mon Tito, be our cheerleader, not a party pooper.
Edgar Lungu
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