Charl Botha of H3 Legal Solutions has a decidedly different view of the recent Cannabis Expo, widely hailed as a success and a celebration of South African cannabis culture. He argues that the Expo reflected the commercialisation of cannabis “proceeding in a manner that increases public risk, excludes the most vulnerable, and misleads the nation”.
“This is not progress—it is exploitation dressed as opportunity” he says.
In his latest letter to the Presidency, Botha has once again urged Government to take urgent action to address the regulatory vacuum “that has led to patient suffering, exclusion of indigenous communities, and misrepresentation at events like Cannabis Expos.”
He says “this prolonged delay has created a policy vacuum exploited by market forces and opportunism, rather than guided by human rights, public safety, or equitable recognition of traditional and indigenous cannabis knowledge.
“The result is a sector marked by exclusion, misinformation, and risk, undermining the very rights the Constitution seeks to protect. “
This is an excerpt from the letter, dated 3 June 2025:
THE CANNABIS EXPO — A CASE STUDY IN MISREPRESENTATION
Over the past year, multiple Cannabis Expos have taken place across South Africa, from Cape Town to Johannesburg. These events were once envisioned as platforms to promote healing, awareness, and opportunity for all South Africans. Instead, they now reflect and amplify the state’s failure to regulate cannabis transparently, ethically, and lawfully. At these expos, we observe:
- Open sale and promotion of infused alcohols, THC-infused spirits, and other highly potent mixtures, which pose significant safety risks to consumers and contravene the spirit of the Medicines and Related Substances Act (1965) and the Liquor Act (2003).
- Products with dubious therapeutic value marketed as medical solutions, while legitimate, craft, and traditional formulations remain criminalised or excluded from formal markets.
- A near-total absence of indigenous knowledge holders, rural growers, and communities historically targeted by cannabis prohibition, while politically connected businesses dominate booths, banners, and speaking slots.
- A false narrative propagated to the public: that cannabis is fully legal, accessible, and regulated, when no such certainty exists, misleading consumers and investors alike.
In the absence of a fair and transparent regulatory framework, the commercialisation of cannabis is proceeding in a manner that increases public risk, excludes the most vulnerable, and misleads the nation. This is not progress—it is exploitation dressed as opportunity.
This letter addresses the critical need for a constitutional, rights-based cannabis framework, nearly seven years after the Constitutional Court’s landmark Prince judgment (CCT108/17) on 18 September 2018.
We urge immediate action to finalise a comprehensive Cannabis Bill, reform the Section 21 access process, and ensure equitable, transparent regulation.
We respectfully request a response by 30 June 2025, outlining actions, timelines, and opportunities for stakeholder engagement.
Charl Botha B.Proc (S.A)
(Electronically Signed)
H3 LEGAL SOLUTIONS (CANNABIS STRATEGIC SPECIALISTS)
Email: charl@h3legal.co.za
Tel: 078 213 2947
NOTE THAT EXHIBITORS AT THE CANNABIS EXPO SIGN AN INDEMNITY FORM THAT PROTECTS THE ORGANIZERS WHO HAVE MADE IT CLEAR THEY HAVE NO CONTROL OVER THE PRODUCTS ON DISPLAY.
