SAPS Phoenix has issued a stern warning to the public and local businesses that the commercial sale of cannabis or cannabis-infused food products remains illegal, despite the decriminalisation of private use.
Tabloid News reported on 12 October 2025 that SAPS in the Phoenix suburb of greater Durban say that efforts to educate the community on the legal boundaries of cannabis would be part of upcoming search and seizure operations.
According to Phoenix SAPS spokesperson Nadia Ebrahim, policing policy is that while adults are permitted to use and cultivate cannabis in private for personal consumption, any form of trade or commercial distribution of products containing cannabis—including food and beverages—is prohibited under current South African law.
She said: “Businesses, shops or individuals found selling such items are in direct contravention of the Drugs and Drug Trafficking Act, 140 of 1992.
She said that there is a growing misconception that because private use is allowed, selling cannabis products is also legal.
“That is not the case. Our duty is to protect the community from illegal activities disguised as legitimate business operations. Members of the public are urged to familiarise themselves with the legal restrictions and to refrain from engaging in or supporting the sale of cannabis-infused products.”
Ebrahim added that the SAPS will continue to conduct enforcement operations to ensure compliance.
Last month KZN SAPS Provincial Commissioner Lt Gen Nhlanhla Makhwanazi circulated a legal opinion to all district and unit commanders saying that buying and selling cannabis remained illegal and that the law should be enforced.
Legal strategist Charl Botha says the KZN SAPS legal opinion is in contravention of the National Commissioner’s August 2023 which ordered a moratorium on cannabis arrests and procedures for dealing with confiscated cannabis.
The Cannabis for Private Purposes Act of 2024 is yet to come into force. Once enacted, cannabis will be removed from the Drugs Act but there will be penalties for dealing under the Medicines Act.
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