An internal memo entitled Legal Opinion on the Sale of Cannabis and Foodstuff Containing Cannabis (Reference 1/2/4/1 (4)) to KZN provincial senior police management from Lt General Mkwanazi, issued on 14 September 2025 lays down the law as it currently stands: the buying and selling of cannabis flower and foodstuffs is illegal and transgressions will result in fines and/or jail time for repeat offenders.
The directive appeared to have caught senior police officials at a national level slightly off guard. One source told Cannabiz Africa yesterday that it was important to note the directive was a provincial legal opinion that was being circulated and that it did not apply nationally.
Gen Mkwanazi’s directive came, coincidentally, as he took the stand at the …Commission of Inquiry into Police Corruption on 17 September 2025, where he is giving evidence on the infiltration by drug cartels into the senior echelons of SAPS.
Drugs and Drug Trafficking Act Still in Play
The general reiterated that private consumption of cannabis is legal and that there is no specified limit on the amount of cannabis an individual may possess. It says SAPS officers should use their own discretion as to where to draw the line between personal consumption needs and trafficable quantities, warning that dealing in cannabis remained an offence under the Drug Trafficking Act.
The directive reads: “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”.
SAPS: There Should be No Public Confusion – You Can’t Buy or Sell Cannabis
“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” writes the general, who recommends 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”.
The directive says the sale of cannabis-infused foodstuffs is illegal.
“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”.
Consumption Lounges Against the Law
The directive says that there is no place in law for cannabis consumption lounges or to be used at shopping malls or schools: “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.”
It states that in terms of the Foodstuff, Cosmetics and Disinfectant Act 54 of 1972, cannabis ‘entertainment venues’ could be fined:
· First conviction: R400 or six months or both;
· Second conviction: R800 or 12 months or both;
· Third and subsequent convictions: R2 000 or 24 months or both
SAHPRA CBD Guidelines Must Be Respected
The directive also lays down the law on CBD sales, saying they are legal provided each product contains no more than 600 mg of CBD with a daily dose limit of 20 mg per day and that this must be clearly displayed on the packaging.
Lt Gen Mkhwanazi’s directive is addressed to all district commissioners, station and unit commanders in KZN, and concludes “This information should be disseminated and explained to all members under your command. Commanders must ensure that this directive is being complied with”.
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