SUID-AFRIKAANSE POLISIEDIENS
SAP 21
SOUTH AFRICAN POLICE SERVICE
Posbus/Post Office Box 1965, DURBAN
Reference 1/2/4/1 (4)
Al District Commissioners
KWAZULU-NATAL
Al Station Commanders
KWAZULU-NATAL
Al Unit Commanders
KWAZULU-NATAL
PROVINCIAL COMMISSIONER
KWAZULU-NATAL
2025 – 09-14
KZN SAPS: Legal Opinion on the Sale of Cannabis and Foodstuff Containing Cannabis
KwaZulu Natal Provincial Police Commissioner, Mkhwanazi issued this Directive to the provinces district commissioners, station and unit commanders on 9 September 2025.
1. The Constitutional court ruling in Minister of Justice and Constitutional Development and others v Prince CCT 108/17 (2017) ZACC 30 declared Sections 4(b and 5(b) of the Drugs and Drug Trafficking Act, 1992 read with Part 111 of Schedule 2 of the Act and section 22 (9) (a) (i) of the Medicines and related Substances Control Act 101 of 1965 read with schedule 7 of GNR509 of 2003 invalid.
2. The effect of this ruling is that:
2.1. An adult person may, use or be in possession of cannabis in private for his or her personal consumption in private.
2.2. The use, including smoking, of cannabis in public or in the presence of children or in the presence of non-consenting adult persons is not permitted.
2.3. The use or possession of cannabis in private other than by an adult for his or her personal consumption is not permitted.
2.4. The cultivation of cannabis by an adult in a private place for his or her personal consumption in private is no longer a criminal offence.
2.5. The use and possession of cannabis in private by an adult for his own consumption in private in no longer a criminal offence.
SUBJECT: LEGAL OPINION ON THE SALE OF CANNABIS AND FOODSTUFF CONTAINING CANNABIS.
2.6. Furthermore, the phrase “Deal in” now excludes cultivation of by an adult in a private place for his or her personal consumption in private.
3. The Constitutional Court did not specify the quantity of cannabis that will be regarded as personal consumption.
4. The Cannabis for Private Purpose Act 7 of 2024, although accented to by the President remains inactive until regulatory frameworks have been established and comes into operation on a date fixed by the president by proclamation in the Gazette.
5. There seems to be several individuals and outlets selling products like CBD oils, sweets, chocolates and muffins that contain cannabis. The challenge is that these items do not meet the requirements of packaging and labelling legislations and therefore the contents are often unclear or unknown.
6. The legal question is whether it is legal to sell these products. The paragraph below will provide some clarity into the legality of the use, possession and sale of cannabis and/ or products containing cannabis.
7. The Sale of CBD
7.1. CBD products containing no more than 600 mg CBD per sales pack, providing a maximum daily dose of 20mg of CBD and making a general health enhancement, health maintenance or relief of minor symptoms claim are regarded as a Schedule 0 substance and may be sold in an open shop without a prescription.
7.2. CBD products containing more than 600 mg CBD per sales pack may only be sold by persons listed under section 22A (5) of the Medicines and Related Substances Act 101 of 1965. This includes pharmacists, medical practitioners, veterinarians and any person registered under the Health Professions Act 56 of 1974 with a prescription. The act specifically excludes traditional healers. No other person is allowed to sell any CBD containing more than 600 mg CBD. Any person found selling any CBD product that contains more than 600 mg of CBD per pack for medicinal or health purposes may be charged for contravening section 22A (5) of the Medicines and related Matters Act 101 of 1965 read with Section 29K of the act.
7.3. Cannabis (dagga), the whole plant or any portion or product thereof is a Schedule 7 substance. The sale of this is illegal. Any person found dealing in cannabis may be charged in terms of Section 5 of the Drugs and Drug Trafficking Act 140 of 1992 in that no person shall deal in any dependence producing substance or any dangerous dependence producing substance or any undesirable dependence producing substance.
7.4. In terms of Regulations 10 of the Medicines Act I all medicines must be labelled correctly. The volume and daily dose of CBD should appear on the label of the packaging.
SUBJECT: LEGAL OPINION ON THE SALE OF CANNABIS AND FOODSTUFF CONTAINING CANNABIS.
8. The Cultivation of Cannabis
8.1. The cultivation of cannabis for medicinal and research purposes is only legal if the person has a valid permit issued by SAHPRA and the Department of Health in terms of the Medicines Act. The Cultivation of Cannabis and Manufacture of Cannabis related Pharmaceutical Products for Medical and Research Purposes regulations provide guidelines for the cultivation and manufacture of cannabis. SAHPRA can be contacted for any enquiries on the validity of permits.
8.2. The cultivation for private use is excluded from the definition of “Dealing” by the Prince case. This however excludes large scale cultivation.
9. The Sale of Foodstuff Containing Cannabis is illegal
9.1. On the 7ih of March 2025 the Minister of Health has signed Regulations Relating to the Prohibition of the Sale, Importation and manufacture of foodstuffs containing any part of the plant or component derived from the cannabis plant. Section 3 of the regulations state that any person who sells, imports or manufacture foodstuff containing the prohibited substances as contemplated in regulation 2 is guilty of an offence and is liable on conviction to a fine or imprisonment as prescribed in section 18 of the Act. Foodstuff means any substance that is eaten or drunk. This will include edible gummies and biscuits. Any person found to be dealing with foodstuff containing cannabis may be charged for contravening Section 3 of the Regulations Relating to the Prohibition of the Sale, Importation and Manufacture of Foodstuffs containing any part of the plant or component derived from the cannabis plant.
9.2. No permits have ever been issued by SAHPRA to any private person or entertainment venues for the sale of any cannabis or foodstuff containing cannabis.
9.3. Section 18 of the Foodstuff, Cosmetics and Disinfectant Act 54 of 1972 states that:
(1) Any person convicted of an offence under this Act Penalties shall, subject to the provisions of subsection (2), be liable:
(a) on a first conviction, to a fine not exceeding four hundred rand or to imprisonment for a period not exceeding six months or to both such fine and
such imprisonment
(b) on a second conviction, to a fine not exceeding eight hundred rand or to imprisonment for a period not exceeding twelve months or to both such fine
and such imprisonment;
(c) on a third or subsequent conviction, to a fine not exceeding two thousand rand or to imprisonment for a period not exceeding twenty-four months or to
both such fine and such imprisonment.
SUBJECT: LEGAL OPINION ON THE SALE OF CANNABIS AND FOODSTUFF CONTAINING CANNABIS.
10. The use or possession of cannabis
10.1. The personal consumption and possession of cannabis in private is legal.
Although possession of cannabis for private use is legal the court did not prescribe the quantity that will be regarded as personal consumption. If a person is found with such a large quantity of cannabis that it is improbable that it is for personal use, the police official must take into consideration all relevant circumstances then register charges in terms of Section 4(b) of the Drugs and Drug Trafficking Act in that the possession was not for personal and not possessed in private. The member must take into consideration all the circumstances, including the quantity found in possession when charging. The state however bears the onus to prove beyond a reasonable doubt that the purpose of the possession was not for personal use. The Head Office Directive titled “Constitutional Court Judgment on the Use, Cultivation or Possession of Cannabis by an Adult Person in Private for his/ her Personal Consumption in Private: Minister of Justice and Constitutional Development and Others V Prince; National Director of Public Prosecutions and Others V Acton and Others (2018) ZACC 30” dated 2019- 01-22 (Attached) provides guidelines on how to handle this situation.
10.2. The use of cannabis in public places like colleges, schools shopping malls etc. is illegal.
11. Conclusion
11.1. There seems to be a misunderstanding of the law by the public at large, therefore we find that ordinarily law-abiding citizens are now dealing in cannabis products, so it is recommended that before embarking on widespread arrest and seizure operations, there should be an article published in the media educating the public of the legal position.
11.2. This information should be disseminated and explained to all members under your command. Commanders must ensure that this directive is being complied with.
11.3. Lieutenant Colonel Jayshree Govender from Provincial Legal Services may be contacted at 083 946 3963 for any further enquiries.
LIEUTENANT GENERAL
PROVINCIAL COMMISSIONER: KWAZULU-NATAL
NS MKHWANAZI
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