Dear Honourable President, Ministers and Esteemed Officials,
SUBJECT: URGENT INTERDEPARTMENTAL REFORM OF CANNABIS POLICY FOR HEALTH, JOBS, AND INCLUSIVE GROWTH
South Africa finds itself at a critical juncture. The cannabis sector holds the potential to catalyze improved health access, substantial job creation, rural development, and increased export capacity.
However, without decisive policy reform, the nation risks allowing regulatory stagnation to entrench inequality and further marginalise vulnerable communities.
Despite the launch of the Cannabis Master Plan more than six years ago, the sector remains constrained by regulatory uncertainty, prohibitively high licensing costs, and the continued criminalisation of the raw cannabis plant. These barriers have systematically excluded legacy growers, traditional healers, and township entrepreneurs from participating lawfully and equitably in the emerging industry.
This correspondence aims to bring these systemic shortcomings to your urgent attention and recommends immediate, practical interventions that can align government policy with constitutional obligations, socio-economic opportunities, and the principles of inclusive growth.
1. Testing & Certification Framework
Currently, South Africa has no accredited national cannabis testing labs and no harmonised standards. This undermines compliance with export markets and exposes consumers to unsafe products. Six years after the Cannabis Master Plan, this gap is unacceptable.
Constitutional Dimension: Section 27 obliges the state to take reasonable steps to ensure health and safety. Without accredited testing, consumers are exposed to unregulated and potentially harmful products, violating their right to safe healthcare and consumer protection.
Economic Impact: Export opportunities are lost because South African cannabis cannot consistently meet international standards. This costs billions in potential foreign exchange and deters investors.
Action Required: Fast-track SANAS accreditation of existing private and public labs, publish an interim national testing framework within 6 months, and establish public-private partnerships to fund shared laboratory infrastructure accessible to SMMEs. This will immediately restore investor confidence, enable exports, and protect consumers.
2. Raw Plant Access & Molecules
Cannabis in its raw, unprocessed form contains only trace levels of THC and cannot produce psychoactive effects without undergoing specific processing. Nevertheless, current law continues to classify the raw plant as a narcotic, imposing restrictions that are not supported by its natural chemical composition.
By equating the unprocessed plant with concentrated, psychoactive derivatives, the regulatory framework disregards established scientific distinctions.
This misalignment permits non-evidence-based reasoning to dictate policy, thereby creating unnecessary barriers for patients, wellness practitioners, and traditional healers who depend on the plant for therapeutic, cultural, and wellness purposes.
Constitutional Dimension: Section 31 protects cultural rights; criminalising the raw plant infringes the rights of traditional communities who have used cannabis for generations. Section 27 also requires affordable access to health solutions, which raw cannabis offers.
Health & Equity Impact: Patients cannot access affordable plant-based treatments, while traditional healers remain criminalised for practices that predate colonial prohibition. This perpetuates inequality and excludes rural communities from participating lawfully in the sector.
Action Required: Immediately de-schedule the raw cannabis plant, distinguishing between high-THC concentrates and natural plant material. Allow raw plant access for private, therapeutic, wellness, and traditional use. This will align law with constitutional rights and unlock affordable health solutions.
3. Licensing & Workforce Development
Licensing remains prohibitively expensive (Schedule D, R100,000+), effectively excluding small businesses, rural cooperatives, and legacy growers. Unlicensed operators dominate the market because compliance is unattainable.
Constitutional Dimension: Section 9 requires equality before the law. A system that only allows wealthy or corporate players to participate perpetuates structural inequality.
Economic Impact: Exclusion of SMMEs and traditional growers deprives the economy of an estimated 25,000 jobs and billions in community-level value.
Action Required: Introduce a tiered licensing model; micro ( Launch cannabis-specific TVET/SETA training programmes within 6 months to build a skilled workforce, particularly in high-unemployment regions. Conduct an independent audit of past funding allocations (e.g., the R20 million Krugersdorp allocation) to prevent corruption and mismanagement. 4. Consumer Protection & Pharma Integration The Consumer Protection Act (CPA) has not been updated for cannabis, and cannabis medicines are not integrated into the National Health Insurance (NHI) system. As a result, grey markets thrive, and patients are excluded from affordable, regulated treatments. Constitutional Dimension: Section 27(1)(a) guarantees access to health care, while Section 195 requires transparent and accountable use of state resources. Failing to regulate consumer safety and integrate cannabis into public health systems undermines both. Health & Equity Impact: Patients are forced to pay exorbitant private prices or turn to unregulated markets, increasing health risks and widening inequality in access to medicines. Action Required: Amend the CPA to include cannabis-specific provisions on labelling, potency, age restriction, advertising, and recalls. Establish an NCC–SAHPRA joint task force to regulate grey markets and enforce compliance. Integrate cannabis medicines into the NHI formulary within 12 months and expand Section 21 and NPC pilots with local production to cut costs. 5. Tourism & Inclusive Growth Despite South Africa’s cultural heritage and global tourism potential, there is no cannabis tourism framework. International competitors (e.g., Morocco, Thailand, Canada) are already drawing tourism revenue from cannabis culture. Constitutional Dimension: Section 22 guarantees the right to trade, occupation, and profession. Blocking cannabis tourism denies citizens a legitimate economic opportunity. Economic Impact: South Africa loses out on jobs, rural development, and billions in tourism revenue. Cannabis tourism could integrate cultural dagga tours, licensed lounges, and agro-tourism that benefit rural and township communities. Action Required: Pilot licensed cannabis lounges and cultural tours in high-potential regions (Western Cape, Eastern Cape, KwaZulu-Natal). Establish an interdepartmental task force (DTIC, Health, Tourism, Agriculture, Justice) to coordinate policy and allocate budgets for training, micro-licensing, and tourism initiatives. Timelines must be enforced so that tourism pilots are operational within 6–12 months. South Africa has the knowledge, skills, and demand to build a globally competitive cannabis economy. What is missing is policy alignment and political will. By adopting the reforms outlined above, the government can: Create thousands of jobs in rural and township communities. • Ensure access to affordable, regulated medicines. • Protect consumers and integrate cannabis into the healthcare system. • Position South Africa as a continental leader in sustainable cannabis trade and tourism. We respectfully request an urgent interdepartmental response, outlining timelines for implementation of these measures. Respectfully; Charl Botha (B.Proc.S.A) H3 LEGAL SOLUTIONS (CANNABIS STRATEGIC SPECIALISTS)
