The Department of Agriculture says it is planning to issue permits to cultivate non-medical cannabis with no restrictions on THC levels for the local market.
The significance of this cannot be underestimated as it will be a huge step towards incorporating legacy and artisanal cannabis growers into the mainstream and offer a mechanism to protect and develop local landraces.
The Flow Plan is Already in Place
The Department of Agriculture is asserting its control over cannabis since it was redefined as an agricultural crop. The department’s project leader Joseph Matlatli told MP’s and senior government officials in a briefing on 6 March, that the following ‘flow plan’ had been put in place
· Once the Cannabis Act regulations are finalized and published, cannabis will be removed from the Drugs and Drug Trafficking Act and will be governed by the Medicines Act;
· Once cannabis is removed from the Drugs Act, the DoA will expand the definition of the Plant Improvement Act to accommodate high-THC cannabis varietals (currently the PIA allows the Department to issue permits for cannabis with THC of less than 2% – so this restriction will fall away);
· Once this amendment has been made to the PIA, the DoA will be in a position to issue permits for high THC cannabis crops and this will be administered through the provincial agricultural departments who will also be responsible for farmer support;
· A parallel process will be the harmonization of the PIA and the Medicines Act to ensure that SAHPRA’s oversight on high-THC cannabis will be removed;
“The Plant Improvement Act will be broadened as we go ahead with cannabis cultivation expansion to include the ‘High THC’ and there will be a co-ordinated approach in moving cannabis over from the DoH as it is now defined as an agricultural crop” said Matlali. “This process will not be disturbed and will help us fulfil our international cannabis reporting regulations.
SAPS Approval No Longer Required in Hemp Permit Applications
He also revealed that, after consultation with the DTIC, the DoA had decided to drop the requirement that SAPS sign off on hemp permit applications, and that there would be no restrictions on acreage (previously a maximum of 50 ha) and farmers will not be forced to erect costly fences. This is significant also in that the removal of SAPS from the application system came as a result of private stakeholder pressure. Getting the criminal justice system out of the hemp eco-system was one of the key requests by the H3 delegation that met the DoA earlier this year and indicates a willingness by the Department to take outside advice.
Although these far reaching measures are still on the drawing board, they represent a major step forward in South African cannabis reform by breaking down barriers to market entry and removing SAHPRA’s exclusive control over cannabis cultivation.
This is a game-changer, as hand in hand with plans by the Small Business Development Department to issue cannabis retail licenses, the foundation of a legal domestic cannabis is being laid.
DoA Now Ahead of the Curve
Obviously the devil will be in the detail, but the DoA envisages the ‘rec’ permit as a way to draw legacy cannabis farming communities into the mainstream.
Maltlali said, “DoA is taking over the permit process from SAHPRA once cannabis is removed from the Drugs Act. From there on there will be co-ordinated engagement, so on and so forth”.
The Director General of Agriculture, Mooketsa Ramasodi emphasized to MP’s that the DoA was going to provide agricultural extension services to rural cannabis growers and help them improve their crop quality and yields.
The Department says the move is in line with the President’s SONA comment that South Africa aspired to be a leading producer of cannabis and hemp.
The DoA has come a long way since it was originally entrusted with oversight of the Cannabis Master Plan back in 2021. The plan, submitted to Nedlac, was thrown back at the DoA because it avoided any recommendations on the local ‘adult-use’ market. In 2024, with the DTIC taking over responsibility for the Plan, the DoA has stepped up to the task and is ahead of the curve in anticipating the next big thing in South African cannabis – the unleashing of regulated, high THC legal cultivation aimed at bringing non-medical cannabis growers into the mainstream.
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