Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698829939613.pdf (South Africa)
REPUBLIC OF SOUTH AFRICA CANNABIS FOR PRIVATE PURPOSES BILL ____________ (As introduced in the National Assembly (proposed section 75); explanatory summary of Bill published in Government Gazette No.
43595 of 7 August 2020) (The English text is the official text of the Bill) ____________ (MINISTER OF JUSTICE AND CORRECTIONAL SERVICES) [B 19 — 2020] 2 BILL To— * respect the right to privacy of an adult person to possess cannabis plant cultivation material; to cultivate a prescribed quantity of cannabis plants; to possess a prescribed quantity of cannabis; [and] to consume cannabis; and to use cannabis; * regulate the possession of cannabis plant cultivation material; the cultivation of cannabis plants; the possession of cannabis; and the consumption of cannabis by an adult person; protect adults and children against the harms of cannabis; provide for the expungement of criminal records of persons convicted of possession or use of cannabis or dealing in cannabis on the basis of a presumption; provide for commercial activities in respect of cannabis; provide for the cultivation, possession and supply of cannabis plants and cannabis for cultural or religious purposes; delete and amend provisions of certain laws; and provide for matters connected therewith.
* * * * * * BE IT ENACTED by the PARLIAMENT of the Republic of South Africa as follows:— Sections ARRANGEMENT OF SECTIONS CHAPTER 1 CANNABIS FOR PERSONAL USE 1.

2.

3.

4.

5.

6.

7.

Definitions and interpretation Prescribed quantities for personal use by adult person Cultivation offences Cannabis offences Smoking and consumption offences Offences involving a child Penalties 8.

Expungement of criminal records of persons convicted of possession or use of 3 cannabis 9.
Regulations CHAPTER 2 Part I CANNABIS COMMERCIAL ACTIVITIES 10.

Commercial activities in respect of cannabis Part II COMMERCIAL HEMP ACTIVITIES 11.

Definitions and interpretation 12.

Commercial hemp activities 13.

Regulations 14.

Application of Part II in relation to the Medicines and Related Substances Act, 1965 CHAPTER 3 CANNABIS FOR CULTURAL OR RELIGIOUS PURPOSES 15.

Special measures to accommodate cultural or religious communities CHAPTER 4 GENERAL PROVISIONS [10]16.
Repeal or amendment of laws [11]17.

Short title and commencement Schedule 1 Cannabis plant equivalent Schedule 2 Cannabis equivalent 4 Schedule 3 Prescribed quantity Schedule 4 Trafficable and commercial quantities Schedule 5 Laws repealed or amended CHAPTER 1 CANNABIS FOR PERSONAL USE Definitions and interpretation 1.
(1) In this Act, unless the context indicates otherwise— "adult person" means a person who is 18 years or older; ʺcannabisʺ [means]— (a) means— (i) the flowering or fruiting tops [and the leaves] of a cannabis plant that have been separated from the plant, but excludes any seed, [seedling,] the stalk [and], leaves and branches without any [leaf,] fruit or flower, and the roots of a cannabis plant; and [(b)](ii) any substance which contains more than a two percent part THC by weight[,]; and (b) for the purposes of sections 2(3)(c) and (4)(a)(iv) and (b)(ii), 4(1), (4), (5), (6) and (7) and 6(1)(a)(iv) and (v), (2)(c) and (3)(c), includes the flowering or fruiting tops of a flowering cannabis plant that have not been separated from the plant, and fresh cannabis, dried cannabis and cannabis concentrate, are classes of cannabis; "cannabis concentrate" means cannabis that has undergone a process to concentrate the THC content, and cannabis solid concentrates and cannabis liquid concentrates are classes of cannabis concentrate; "cannabis equivalent" means a quantity referred to in Column 2 of Schedule 2, in respect of any class of cannabis referred to in Column 1 of that Schedule which is deemed to be equivalent to one gram of dried cannabis; 5 "cannabis plant" means a plant of the genus Cannabis, but excludes hemp, and for purposes of this Act, an immature cannabis plant and a flowering cannabis plant are classes of a cannabis plant; "cannabis plant cultivation material" means seeds of a cannabis plant and seedlings; "cannabis plant equivalent" means a quantity referred to in Column 2 of Schedule 1, in respect of any class of cannabis plant referred to in Column 1 of that Schedule which is deemed to be equivalent of one flowering cannabis plant; "child" means a person who is under the age of 18 years; "Children's Act" means the Children's Act, 2005 (Act No.
38 of 2005); "commercial quantity", for purposes of the sections referred to in Column 1 of Schedule 4, means [the quantity that exceeds]— (a) (b) the quantity of any flowering cannabis plant or its cannabis plant equivalent; or the quantity of any dried cannabis or its cannabis equivalent, respectively, referred to in Column 3 of that Schedule and any quantity in excess thereof; "consideration" means any form of compensation, gift, reward, favour or benefit; "consumption" means to eat, drink or otherwise to self-administer cannabis and "consume" has a corresponding meaning; "cultivate" includes to plant, propagate, nurture, tend, grow or harvest a cannabis plant and "cultivation" has a corresponding meaning; "deal in" means to provide for consideration, receive for consideration, sell, buy, offer for sale, offer to purchase, import, advertise for sale, export and any other conduct to facilitate selling; "Director-General" means the Director-General: Justice and Constitutional Development; "dried cannabis" means the flowering or fruiting tops [and the leaves] of a cannabis plant that have been separated from the plant and that have been subjected to a drying process; "dwelling" means any part of a formal or informal structure that is occupied as a residence, or any part of a structure or outdoor living area that is accessory to, and used principally for the purposes of, a residence; "flowering cannabis plant" means the gametophytic or reproductive state of a cannabis plant in which the plant produces flowers, trichomes and cannabinoids characteristic of cannabis; 6 "fresh cannabis" means the flowering or fruiting tops [and the leaves] of a cannabis plant that have been separated from the plant and that has not been subjected to a drying process; "fresh cannabis" means the flowering or fruiting tops [and the leaves]— (a) of a cannabis plant that have been separated from the plant and that has not been subjected to a drying process; and (b) of a flowering cannabis plant that have not been separated from the plant;
 "harvest" means to obtain and process cannabis from a cannabis plant; "hemp" means a plant of the genus Cannabis which— (a) has a concentration of THC in the leaves and flowering heads that does not exceed the percentage as may be prescribed in terms of; and (b) is cultivated under authority of, a law that regulates its cultivation; "immature cannabis plant" means a non-flowering cannabis plant [that is— (a) taller than 15 centimetres; or (b) wider than 15 centimetres, measured according to the criteria prescribed by regulation], but excludes a seedling; "Minister" means the Cabinet member responsible for the administration of justice; "National Road Traffic Act" means the National Road Traffic Act, 1996 (Act No.
93 of 1996); "personal use" means for the exclusive use of an adult person; "possess in private" for purposes of section 2(1)(c) and (e), means to keep, store, transport or be in control of cannabis or a cannabis plant, respectively, in a manner that conceals it from public view; "prescribed quantity" means for purposes of the sections referred to in Column 1 of Schedule 3, the quantity that does not exceed— (a) (b) (c) the quantity of cannabis plant cultivation material; the quantity of any flowering cannabis plant or its cannabis plant equivalent; or the quantity of any dried cannabis or its cannabis equivalent, respectively, referred to in Column 2 of that Schedule; "private place" means― (a) any place, including a building, house, room, shed, hut, tent, mobile home, caravan, boat or land or any portion thereof, to which the public does not have access as of right; and 7 (b) any part or portion of communal land as defined in section 1 of the Communal Land Rights Act, 2004 (Act No.
11 of 2004), which, in terms of the rules or custom of a community or the standard rules contemplated in section 19(5) of that Act, is a place which is exclusively used to cultivate cannabis plants in a private place as contemplated in section 2(1)(b) or (4)(a) or consume cannabis in a private place as contemplated in section 2(2), by adult members of such a community; "public place" means― (a) (b) any place to which the public has access as of right; and any part or portion of communal land which is not exclusively used to cultivate cannabis plants or consume cannabis, as contemplated in paragraph (b) of the definition of "private place; "public road" means a "public road" as defined in section 1 of the National Road Traffic Act, 1996; "remuneration" means any form of compensation, gift, reward, favour or benefit; "responsible adult" means an adult person who is in a position of authority, supervision or care of a child referred to in section 6(1); "seedling" means a non-flowering cannabis plant that is not— (a) (b) taller than [15] 30 centimetres; or wider than [15] 30 centimetres, measured according to the criteria prescribed by regulation; "smoke" means to— (a) inhale or exhale the smoke produced by ignited cannabis or holding or otherwise having control of ignited cannabis or any device or object that contains ignited cannabis; or (b) inhale or exhale the vapour or aerosol of cannabis produced by a vaping device or holding or otherwise having control of a vaping device producing cannabis vapour or aerosol; "THC" means [(-)-trans-delta-9-tetrahydrocannabinol]― (a) (b) (c) (-)-Δ9-trans-tetrahydrocannabinolic acid; (-)-Δ9-trans-tetrahydrocannabinol; or both (-)-Δ9-trans-tetrahydrocannabinolic acid and (-)-Δ9-trans-tetrahydro cannabinol; "this Act" includes the regulations; "trafficable quantity", for purposes of the sections referred to Column 1 of Schedule 4, means the quantity that exceeds— 8 (a) (b) the quantity of any flowering cannabis plant or its cannabis plant equivalent; or the quantity of any dried cannabis or its cannabis equivalent, respectively, referred to in Column 2 of that Schedule but is less than a commercial quantity; and "vehicle" means a “vehicle” as defined in section 1 of the National Road Traffic Act, 1996.
[(2) The provisions of this Act do not apply to any person who is permitted or authorised in terms of any other Act of Parliament to— (a) deal in cannabis plant cultivation material, cannabis plants, cannabis or a cannabis product; or (b) cultivate cannabis plants.]

Prescribed quantities for personal use by adult person 2.
(1) Subject to this Act, an adult person may for personal use— possess the prescribed quantity of cannabis plant cultivation material; cultivate the prescribed quantity of cannabis plants in a private place; possess in private, the prescribed quantity of cannabis in a public place; possess the prescribed quantity of cannabis in a private place; and possess in private, the prescribed quantity of immature cannabis plants in a (a) (b) (c) (d) (e) public place.
(2) Subject to this Act, an adult person may smoke and consume cannabis in a private place.

(3) Subject to this Act [and provided there is no exchange of consideration], an adult person may without the exchange of consideration per occasion provide to, or obtain from, [any] another adult person, for personal use, the prescribed quantity of— (a) (b) (c) cannabis plant cultivation material; immature cannabis plants; and cannabis.
(4) (a) An adult person who has been issued with a certificate referred to in section 9(3) by an authorised person, in which it is certified that such a person requires palliation or suffers from a medical condition, and who intends to self- medicate, may for personal use— (i) cultivate the prescribed quantity of cannabis plants in a private place; (ii) possess in private, the prescribed quantity of cannabis in a public place; 9 (iii) possess the prescribed quantity of cannabis in a private place; and (iv) possess in private, the prescribed quantity of immature cannabis plants in a public place.
(b) Notwithstanding subsection (3), any adult person may provide to an adult person in paragraph (a), who may obtain from any adult person, without the exchange of consideration, per occasion for personal use, the prescribed quantity of— (i) (i) (ii) cannabis plants; and immature cannabis plants cannabis.

(c) An adult person in paragraph (a), may in private use cannabis in a public place.
(d) The certificate contemplated in paragraph (a)— (i) must be in the form and must contain the information as prescribed by regulation; and (ii) may only be issued by an authorised person— (aa) in paragraph (aa) of the definition of "authorised person" in respect of a medical condition, if they are satisfied that THC or cannabidiol has been approved by other jurisdictions for the treatment of such medical condition; or (bb) in paragraph (bb) of the definition of "authorised person" in accordance with the terms and conditions of a directive which the cabinet member responsible for health may issue, to regulate the issuing of such certificate.
(e) An authorised person is not liable for any loss sustained by or damage caused to any person as a result of the issuing of a certificate referred to in paragraph (a).

(f) For purposes of subsection (4)— (i) "authorised person" means— (aa) a psychiatrist, medical practitioner and dentist registered under the Health Professions Act, 1974 (Act No.
56 of 1974); and (bb) any category of persons designated by the Minister in consultation with the cabinet member responsible for health, by notice in the Gazette; (ii) "in private use" means to— (aa) consume cannabis in a manner that conceals it from public view; or 10 (bb) smoke cannabis, in a public place in contravention of section 5(1), in a manner that conceals it from public view and without contravening the provisions of section 5(2) to (5); (iii) "medical condition" means a moderate to severe chronic debilitating physical or mental health condition; (iv) "person who requires palliation" means a person who in the opinion of an authorised person has an advanced progressive life-limiting health condition and is nearing the end of their life; and (v) "self-medicate" means to smoke or consume cannabis, any part of a cannabis plant or any extraction therefrom, by a person— (aa) who requires palliation in order to palliate pain or suffering, whether physical or mental; or (bb) who is suffering from a medical condition in order treat or mitigate the medical condition or the symptoms thereof.
Cultivation offences 3.

(1) An adult person who in a private place, cultivates― (a) more than the prescribed quantity, contemplated in section 2(1)(b) or (4)(a)(i), but less than a trafficable quantity of cannabis plants, is guilty of a [Class C] Class D offence; (b) a trafficable quantity of cannabis plants, is guilty of a [Class B] Class C offence; or (c) a commercial quantity of cannabis plants, is guilty of a [Class A] Class B offence.
(2) An adult person who cultivates a cannabis plant at any place and who fails to[— (a) take reasonable measures to ensure that the cannabis plant is inaccessible to a child; or (b) ]comply with any requirement or standard regarding the cultivation of cannabis plants in a private place for personal use as prescribed by regulation, is guilty of a Class C offence.
(3) An adult person who cultivates— (a) [a] an immature cannabis plant in a public place, is guilty of a [Class B] Class D offence; or (b) a flowering cannabis plant in a public place, is guilty of a Class B offence.
11 (4) An adult person who provides to, or obtains from, an adult person without the exchange of remuneration― (a) a quantity that exceeds the prescribed quantity contemplated in section 2(3)(b) or (4)(b)(i), but which is less than a trafficable quantity of immature cannabis plants, is guilty of a [Class C] Class D offence; (b) a trafficable quantity of immature cannabis plants, is guilty of a [Class B] Class C offence; or (c) a commercial quantity of immature cannabis plants, is guilty of a [Class A] Class B offence.
(5) An adult person who is in possession in a public place of― (a) a quantity that exceeds the prescribed quantity, contemplated in section 2(1)(e) or (4)(a)(iv), but which is less than a trafficable quantity of immature cannabis plants, is guilty of a [Class C] Class D offence; (b) a trafficable quantity of immature cannabis plants, is guilty of a [Class B] Class C offence; or (c) a commercial quantity of immature cannabis plants, is guilty of a [Class A] Class B offence.
(6) (a) Any person who deals in— (i) (ii) an immature cannabis plant, is guilty of a [Class C] Class D offence; a trafficable quantity of immature cannabis plants, is guilty of a Class C offence; or (iii) a commercial quantity of immature cannabis plants, is guilty of a Class B offence.

(b) Any person who deals in a flowering cannabis plant, is guilty of a Class A offence.

(7) Any person who deals in cannabis plant cultivation material, is guilty of a Class D offence.
(8) An adult person who provides to, or obtains from, an adult person without the exchange of remuneration a quantity that exceeds the prescribed quantity of cannabis plant cultivation material contemplated in section 2(3)(a), is guilty of a Class D offence.

(9) Any person who is in possession in a public place of cannabis plant cultivation material or a cannabis plant that is not concealed from public view, is guilty of a Class D offence.

Cannabis offences 12 4.


(1) Any person who is in possession in a public place of― (a) a quantity that exceeds the prescribed quantity, contemplated in section 2(1)(c) or (4)(a)(ii) or (b)(ii), but which is less than a trafficable quantity of cannabis, is guilty of a Class C offence; (b) (c) a trafficable quantity of cannabis, is guilty of a Class B offence; or a commercial quantity of cannabis, is guilty of a Class A offence.
(2) An adult person who is in possession in a private place of― (a) a quantity that exceeds the prescribed quantity, contemplated in section 2(1)(d) or (4)(a)(iii), but which is less than a trafficable quantity of cannabis, is guilty of a Class C offence; (b) (c) a trafficable quantity of cannabis, is guilty of a Class B offence; or a commercial quantity of cannabis, is guilty of a Class A offence.
(3) An adult person who is in possession of cannabis at any place and who[— (a) fails to store such cannabis in a secure space that is inaccessible to a child; or (b) ]stores such cannabis in a manner that does not comply with any requirement or standard regarding the storing of cannabis prescribed by regulation, is guilty of a Class C offence.
(4) An adult person who provides to or obtains from an adult person without the exchange of remuneration― (a) a quantity that exceeds the prescribed quantity, contemplated in section 2(3)(c) or (4)(b)(ii), but which is less than a trafficable quantity of cannabis, is guilty of a Class C offence; (b) (c) a trafficable quantity of cannabis, is guilty of a Class B offence; or a commercial quantity of cannabis, is guilty of a Class A offence.
(5) (6) Any person who deals in cannabis, is guilty of a Class A offence.

(a) An adult person who transports cannabis in a vehicle on a public road [in a manner that does not] and who contravenes or fails to comply with any condition, restriction, prohibition, obligation, requirement or standard regarding the transportation of cannabis, that may be prescribed by regulation, is guilty of a Class C offence.
(b) The regulations contemplated in paragraph (a), apply with necessary changes required by the context to any person who is a passenger in a vehicle on a public road.

(7) Any person who is in possession in a public place of cannabis that is not concealed from public view, is guilty of a Class C offence.

13 Smoking and consumption offences 5.

(1) Any person who smokes or consumes cannabis in a public place, is guilty of a Class D offence.
(2) Any person who smokes cannabis in a public or private place in the immediate presence of any non-consenting adult person, is guilty of a Class D offence.

(3) Any person who smokes cannabis in a public or private place in the immediate presence of a child, is guilty of a Class C offence.
(4) Any person who smokes cannabis in a private place— (a) within a distance prescribed by regulation from a window of, ventilation inlet of, doorway to or entrance into another place; or (b) forming part of any place where persons congregate within close proximity of one another and where the smoke is likely to cause a hindrance to any person at that place, is guilty of a Class D offence.

(5) Any person who smokes or consumes cannabis, in a vehicle on a public road, is guilty of a Class C offence.
Offences involving a child 6.

(1) (a) [The guardian of a child] A responsible adult who knowingly permits a child— (i) (ii) (iii) (iv) (v) to possess cannabis plant cultivation material or a cannabis plant; to deal in cannabis plant cultivation material or a cannabis plant; subject to paragraph (b), to cultivate a cannabis plant; to possess cannabis; to deal in cannabis; or (vi) to smoke or consume cannabis, is guilty of a [Class D] Class C offence.
(b) The prohibition referred to in paragraph (a)(iii), does not apply where the child assists with the cultivation of cannabis plants which the [guardian of the child] responsible adult may lawfully [possess] cultivate for his or 14 her personal use in a private place, in the presence and under the supervision of that [guardian] responsible adult.
(2) (a) [Any] An adult person who engages a child, whether for consideration to the child or a third person or not, to deal in— (a) (b) cannabis plant cultivation material; or [a] an immature cannabis plant[;], [(c) cannabis,] is guilty of a [Class A] Class B offence.

(b) Any person who engages a child, whether for consideration to the child or a third person or not, to deal in a flowering cannabis plant or cannabis, is guilty of a Class A offence.
(3) (a) [Any] An adult person who provides to a child, whether for consideration or not— (a) (b) cannabis plant cultivation material; or [a] an immature cannabis plant[; or], [(c) cannabis,] is guilty of a [Class A] Class C offence.

(b) Any person who provides to a child, whether for consideration or not a flowering cannabis plant or cannabis, is guilty of a Class A offence.
(4) [Subject to subsection (1)(b), an] An adult person who engages a child, whether for consideration to the child or a third person or not, in the cultivation of a cannabis plant which the adult person may not lawfully cultivate for his or her personal use in a private place, is guilty of a Class A offence.

(5) (a) Any person who administers cannabis to a child, is guilty of a Class A offence.
(b) For purposes of paragraph (a)— (i) "administers cannabis" means the— (aa) smoking of cannabis; or (bb) consuming of cannabis, by a child with or without the consent or knowledge of the child; and (ii) "cannabis"— (aa) for the purposes of subparagraph (i)(aa), has the meaning ascribed to it in paragraphs (a) and (b) of the definition of "cannabis"; and 15 (bb) for the purposes of subparagraph (i)(bb), has the meaning ascribed to it in paragraph (b) of the definition of "cannabis" where the reference to "THC" must be construed so as to exclude "THCA".
Penalties 7.
(1) A person who is convicted of— (a) a Class A offence is liable on conviction to a fine or to imprisonment for a period not exceeding [15 years] six years or to both a fine and such imprisonment; (b) a Class B offence is liable on conviction to a fine or to imprisonment for a period not exceeding [six years] three years or to both a fine and such imprisonment; (c) a Class C offence is liable on conviction to a fine or to imprisonment for a period not exceeding [four years] 12 months or to both a fine and such imprisonment; or (d) a Class D offence is liable on conviction to a fine [or to imprisonment for a period] not exceeding [two years] R20 000.
(2) A conviction of a Class D offence does not constitute a previous conviction as contemplated in Chapter 27 of the Criminal Procedure Act, 1977 (Act No.

51 of 1977).

Expungement of criminal records of persons convicted of possession or use of cannabis or dealing in cannabis on the basis of a presumption 8.

(1) (a) Where a court has convicted a person of a contravention of — [(a)](i) section 2(b) of the Abuse of Dependence-producing Substances and Rehabilitation Centres Act, 1971 (Act No.
41 of 1971), in that the person used or possessed the dependence-producing drug or plant of cannabis (dagga); [(b)](ii)section 4(b) of the Drugs and Drug Trafficking Act, 1992 (Act No.
140 of 1992), in that the person used or possessed the undesirable dependence-producing substance of cannabis (dagga); or [(c)](iii)any law of the former Republics of Transkei, Bophuthatswana, Ciskei or Venda, or of any former self-governing territory, as provided for in the Self-governing Territories Constitution Act, 1971 (Act No.

21 of 1971), before the 16 commencement of the Constitution of the Republic of South Africa, 1993 (Act No.
200 of 1993), that criminalised the use or possession of cannabis (dagga), the criminal record, containing the conviction and sentence in question, of that person in respect of that offence must be expunged automatically by the Criminal Record Centre of the South African Police Service.
[(2)] (b) Where the criminal record of a person referred to in [subsection (1)] paragraph (a) has not been expunged automatically as provided for in that [subsection] paragraph, the criminal record of that person must, on his or her written application to the Director-General: Justice and Constitutional Development, in the prescribed form and manner, be expunged.
[(3)] (c) The Director-General: Justice and Constitutional Development must, on receipt of the written application of [an applicant] a person referred to in [subsection (2)] paragraph (b), issue a prescribed certificate of expungement, directing that the conviction and sentence of the person be expunged, if the Director-General is satisfied that the person complies with the criteria set out in [subsection (1)] paragraph (a).
[(4)] (d) An applicant to whom a certificate of expungement has been issued as provided for in [subsection (3)] paragraph (c) must, in the prescribed manner, submit the certificate to the head of the Criminal Record Centre of the South African Police Service, to be dealt with in accordance with subsection [(5)](3).
(2) (a) Where a court has convicted a person of a contravention of— (i) section 2(a) of the Abuse of Dependence-producing Substances and Rehabilitation Centres Act, 1971, on the basis of the operation of any presumption in section 21(1)(a)(i), (b), (d) or (e) of that Act, in terms of which it is presumed that the person dealt in the dependence-producing drug or plant of cannabis (dagga); (ii) section 5(b) of the Drugs and Drug Trafficking Act, 1992, on the basis of the operation of any presumption in section 21(1)(a)(i), (b), (c) or (d) of that Act, in terms of which it is presumed that the person dealt in the undesirable dependence-producing substance of cannabis (dagga); or (iii) any law of the former Republics of Transkei, Bophuthatswana, Ciskei or Venda, or of any former self-governing territory, as provided for in the Self-governing Territories Constitution Act, 1971, before the commencement of the Constitution of the Republic of South Africa, 1993, on the basis of the operation 17 of any presumption similar to the laws in subparagraph (i) and (ii), in terms of which it is presumed that the person dealt in cannabis (dagga), the criminal record, containing the conviction and sentence in question, of that person in respect of that offence must, subject to paragraphs (b), on the person's written application, be expunged.
(b) The Director-General: Justice and Constitutional Development must, on receipt of the written application, in the prescribed form, of a person referred to in paragraph (a), issue a prescribed certificate of expungement, directing that the criminal record of the person be expunged, if the Director-General is satisfied from the application that the person applying for expungement was convicted of the offence of dealing in the undesirable dependence-producing substance of cannabis (dagga), on the basis of the operation of any presumption referred to in paragraph (a).
(c) The Director-General: Justice and Constitutional Development must, in the prescribed manner, submit every certificate of expungement that has been issued as provided for in paragraph (b), to the head of the Criminal Record Centre of the South African Police Service to be dealt with in accordance with subsection (3).
[(5)](3) (a) The head of the Criminal Record Centre of the South African Police Service or a senior person or person at the rank of Director or above, employed at the Centre, who has been authorised, in writing, by the head of the Centre to do so, must expunge the criminal record of a person if he or she is furnished [by the applicant] with a certificate of expungement as provided for in subsection [(3)](1)(d) or (2)(c).
(b) The head of the Criminal Record Centre of the South African Police Service must, on the written request of an applicant, in writing, confirm that the criminal record of the person has been expunged.
[(6)](4) Where the Director-General: Justice and Constitutional Development has, in terms of subsection [(3)](2)(c), [has] issued a certificate of expungement, and it subsequently appears that the applicant did not qualify for the expungement of his or her criminal record, the Director-General must— (a) inform the applicant in writing of the information that has come to his or her attention and that he or she intends to revoke the certificate of expungement; (b) afford the applicant an opportunity to furnish compelling written reasons to him or her within 90 working days after he or she is informed of the intention to revoke, why his or her record should remain expunged; 18 (c) inform the applicant in writing within 30 working days after a decision is made of— (i) (ii) his or her decision; and the reasons for revoking the certificate of expungement; and (d) inform the head of the Criminal Record Centre of the South African Police Service, in writing within 14 working days after the decision was made, to revoke the certificate of expungement and to reinstate the convictions and sentences in question.
[(7)](5)If the applicant fails to furnish compelling reasons contemplated in subsection [(6)(b)](4)(b), the Director-General may, subject to the Promotion of Administrative Justice Act, 2000 (Act No.

2 of 2000), revoke the certificate of expungement.


[(8)](6) (a) The Director-General: Justice and Constitutional Development may delegate any power or assign any duty conferred upon or assigned to him or her in terms of [subsection (3) or (6)] subsection (1)(c), (2)(c) or (4), to an appropriately qualified official in the employ of the Department of Justice and Constitutional Development at the rank of Deputy Director-General.
(b) A delegation or assignment in terms of paragraph (a)— (i) is subject to any limitation, condition and direction which the Director-General may impose; (ii) must be in writing; and (iii) does not divest the Director-General of the responsibility concerning the exercise of the power or the performance of the duty.
(c) The Director-General may— (i) confirm, vary or revoke any decision taken in consequence of a delegation or assignment in terms of this subsection, subject to any rights that may have accrued to a person as a result of the decision; and (ii) at any time withdraw a delegation or assignment.

Regulations 9.
(1) The Minister must make regulations to prescribe— (a) the manner of measuring immature cannabis plants and seedlings as contemplated in section 1; 19 (b) the requirements or standards regarding the cultivation of cannabis plants in a private place for personal use as contemplated in section 3(2)[(b)]; (c) the requirements or standards regarding the storing of cannabis as contemplated in section 4(3)(b); (d) the requirements or standards regarding the transportation of cannabis as contemplated in section 4(6); (e) the distance from a window of, ventilation inlet of, doorway to or entrance into another place as contemplated in section 5(4)(a); (f) the form on which a person's written application for the expungement of his or her criminal record must be made, as provided for in [section 8(2)] section 8(1)(b) and (2)(a); (g) the certificate of expungement to be issued by the Director-General: Justice and Constitutional Development as provided for in [section 8(3)] section 8(1)(c) and (2)(b); and (h) the manner in which the Director-General must submit certificates of expungement that have been issued, to the head of the Criminal Record Centre of the South African Police Service, as provided for in [section 8(4)] sections 8(1)(d) and (2)(c).
(2) (a) The Minister may make regulations to prescribe— [(a)](i) the manner in which cannabis plants or cannabis in excess of the prescribed quantity must be disposed of; and [(b)](ii) any other matter which is necessary or expedient to achieve the objects of this Act.
[(3)] (b) Regulations made in terms of [subsection (2)(b) and (c)] paragraph (a), may prescribe penalties for any contravention thereof or failure to comply therewith, not exceeding a fine or imprisonment for a period of six months or both a fine and such imprisonment.

[(4)](3) The Minister, in consultation with the cabinet member responsible for health, must make regulations to prescribe the form and content of a certificate, contemplated in section 2(4)(d).
(4) Any regulation made under subsections (1)(b) and (2) must, before publication in the Gazette, be approved by Parliament.

CHAPTER 2 Part I 20 CANNABIS COMMERCIAL ACTIVITIES Commercial activities in respect of cannabis 10.

(1) Subject to subsection (2), commercial activities in respect of [recreational] cannabis are hereby authorised.

(2) National legislation must be enacted to authorise and regulate commercial activities in respect of cannabis.
(3) Without limiting the scope of national legislation contemplated in subsection (2), due consideration should be given to— (a) (b) (c) (d) (e) (f) harm reduction; demand reduction; public education and awareness campaigns in respect of the harms associated with cannabis smoking and consumption; the prevention of persons under the age of 18 years to access cannabis; the prohibition or restriction of advertising or promotion of cannabis; population level monitoring of use and associated harms of cannabis smoking and consumption; and (g) reasonable measures to accommodate cannabis for cultural or religious purposes.
(4) For purposes of this section, "commercial activities" means any activity relating to cannabis plant cultivation material, cannabis plants, cannabis or cannabis products, which is authorised and regulated in terms of national legislation contemplated in subsection (2.

Part II COMMERCIAL HEMP ACTIVITIES Definitions and interpretation 11.
In this Part, unless the context indicates otherwise— "approved cultivar" means any hemp plant or its propagating material― (a) contemplated in section 13 of the Plant Improvement Act, that can be sold for purposes of a commercial hemp activity; or (b) that is prescribed and approved by regulation for the purposes of a commercial hemp activity; "commercial hemp activity" means― (a) any activity in respect of the ― 21 (i) import of propagating material for purposes of breeding, research or cultivation; (ii) propagation of plants by a breeder or researcher in relation to a breeding or research programme to develop new or improved hemp varieties; (iii) cultivation of hemp for purposes of supplying hemp plants or propagating material for breeding, research or cultivation; (iv) cultivation of hemp for purposes of retail; (v) trade in hemp; (vi) processing of hemp into specified hemp products; or (vii) export of hemp or propagating material; or (b) any other prescribed activity that is authorised in terms of section 12(1); "concentration of THC"― (a) in relation to a hemp plant, means the content of THC expressed as a percentage of the dry weight of the leaves and flowering heads; and (b) in relation to a hemp product, the content of THC expressed as a percentage of the― (i) (ii) weight of a solid or semi-solid product; or volume of a liquid product, calculated in accordance with the method prescribed by regulation; "cultivate" includes to plant, propagate, nurture, tend, grow, harvest or possess hemp and "cultivation" has a corresponding meaning; "Department" means the Department of Agriculture, Land Reform and Rural Development; "Director-General" means the Director-General: Agriculture, Land Reform and Rural Development; "hemp" means― (a) a plant of the variety Cannabis, whether growing or not, which― (i) (ii) is an approved cultivar; and has a concentration of THC in the leaves and flowering heads that does not exceed the percentage as prescribed by regulation; and (b) includes any part of a plant in paragraph (a); "hemp product" means any product that is derived from processing hemp including the seeds, fibre, hurds, oil and cannabidiol, which has a concentration of THC that does not exceed the percentage as prescribed by regulation; "MEC" means a Member of an Executive Council; 22 "Medicines and Related Substances Act" means the Medicines and Related Substances Act, 1965 (Act No.
101 of 1965); "Minister" means the Cabinet member responsible for agriculture, land reform and rural development; "permit holder" means the person in whose name a permit is issued; "person" means— (a) (b) a natural person who is 18 years or older; or a juristic person; "Plant Improvement Act" means the Plant Improvement Act, 1976 (Act No.
53 of 1976); "propagating material" means seeds, seedlings or plant material that can be used for the propagation of a plant; "regulations" means the regulations referred to in section 13; and "THC" means― (a) (b) (c) (-)-Δ9-trans-tetrahydrocannabinolic acid; (-)-Δ9-trans-tetrahydrocannabinol; or both (-)-Δ9-trans-tetrahydrocannabinolic acid and (-)-Δ9-trans-tetrahydro cannabinol.

Commercial hemp activities 12.


(1) The Minister may by regulation authorise any prescribed activity, as a commercial hemp activity.
(2) The Minister must if the activity contemplated in subsection (1)― (a) affect the area of responsibility of the Cabinet member responsible for trade, industry and competition, make the regulations in consultation with the Cabinet member; (b) has substantive financial implications, make the regulations in consultation with the Cabinet member responsible for finance; or (c) affect the area of responsibility of any other Cabinet member or MEC, make the regulations in consultation with the Cabinet member or MEC.
(3) A commercial hemp activity in subsection (1) may only be conducted in terms of a permit that authorises the permit holder to undertake, in accordance with the terms, conditions and requirement of a permit and the regulations, 23 the activities specified in the permit only in respect of approved cultivars specified in the permit.
(4) Except where it is inconsistent with the context of or clearly inappropriate, the Minister may by notice in the Gazette declare the provision of the Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act, 1947 (Act No.

36 of 1947), the Plant Improvement Act, 1976 (Act No.

53 of 1976), the Agricultural Research Act, 1990 (Act No.

86 of 1990), the Agricultural Product Standards Act, 1990 (Act No.

119 of 1990), the Agricultural Produce Agents Act, 1992 (Act No.
12 of 1992), the Marketing of Agricultural Products Act, 1996 (Act No.

47 of 1996), and the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No.

54 of 1972), applicable to an activity contemplated in subsection (1).

Regulations 13.
(1) The Minister may make regulations— (a) to authorise any prescribed activity, as a commercial hemp activity as contemplated in section 12(1); (b) prescribe the form and manner of making applications for permits as contemplated in section 12(3); (c) prescribe the information or documents that must accompany the application for a permit; (d) prescribe requirements or criteria for the issuing of a permit in respect of a commercial hemp activity; (e) provide for the inspection of any land, building, facility, equipment or apparatus relevant to the application for a permit; (f) (g) prescribe the fees payable in respect of an application for permit; prescribe the form, duration, terms, and conditions of permits and enabling additional conditions to be imposed; (h) approve or prohibit cultivars of hemp, either in general or in relation to a particular commercial hemp activity or any category or class of commercial hemp activities; (i) regulate commercial hemp activities, including— (i) (ii) the manner to deal with THC obtained during the processing of hemp; the destruction of any hemp plant or propagating material that is not an approved cultivar or hemp product which has a concentration of THC that exceed the percentage as prescribed in terms of paragraph (m)(iv); 24 or (iii) the disposal of hemp waste; (j) enable conditions, restrictions or requirements to be imposed in terms of a permit in respect of any commercial hemp activity authorised therein; (k) regulate the import, export, sale, weighing, counting, measuring, labelling, marking, sealing, packing, storing, testing, distribution or transport of propagating material or hemp; (l) provide for the keeping and updating of records by a permit holder regarding any aspect as may be prescribed; (m) prescribe― (i) a hemp plant or its propagating material as contemplated in paragraph (b) of the definition of "approved cultivar"; (ii) the method of calculating the concentration of THC as contemplated in paragraph (b) of the definition of "concentration of THC"; (iii)
 the concentration of THC as contemplated in paragraph (a)(ii) of the definition of "hemp"; and (iv) the concentration of THC as contemplated in the definition of "hemp product"; (n) provide for the waiver of fees in whole or in part in particular cases or classes of cases and for the total or partial refund of fees payable in respect of permit applications; (o) provide for― (i) routine inspections to be conducted by authorised persons for the purposes of ascertaining compliance with any regulations and term, condition or requirement of a permit; (ii) the issuing of compliance notices to a permit holder in respect of any contravention or failure to comply with any regulation or term, condition or requirement of a permit, as may prescribed; (iii) the period within which a permit holder must comply with a compliance notice; (iv) the suspension of a permit, in circumstances as may be prescribed, until appropriate corrective action was taken to rectify the contravention or failure in terms of subparagraph (ii) and the authorised person has issued a compliance certificate in respect of that notice; and 25 (v) the review of a compliance notice by the Director-General and informing the permit holder of his or her decision and the reasons for the decision; (p) provide for― (i) (ii) the suspension or cancellation of a permit; the grounds on which a permit may be suspended or cancelled; (iii) written notification to a permit holder― (aa) informing them of the intended suspension or cancellation of the permit and the reasons for the decision; and (bb) inviting them to furnish compelling written reasons within a specified period why the permit should not be suspended or cancelled; and (iv) written notification to a permit holder, within 30 days of receipt of the written reasons in subparagraph (iii)(bb), informing them of the decision and the reasons for the decision; (r) regarding any ― (i) matter that must or may be prescribed in terms of this Part; (ii) matter that is
 necessary or expedient to prescribe in order to achieve or promote the objects of this Part; (iii) ancillary or incidental administrative or procedural matter that it is necessary or expedient to prescribe for the proper implementation or administration of this Part; and (s) in general, regarding any matter which the Minister may consider necessary or expedient to prescribe or to regulate in order to achieve the objects of this Part.
Act.

(2) Any regulations made under subsection (1) may provide that any person who contravenes or fails to comply with a provision thereof or any term, condition or requirement of a permit, shall be guilty of an offence and liable on conviction to a fine of not exceeding R100 000, or to imprisonment for a period not exceeding six months.

(3) Any regulations made in terms of this section or any amendment thereto must, before publication in the Gazette, be approved by Parliament.
Application of Part II in relation to the Medicines and Related Substances Act 26 14.

(1) Part II of this Chapter does not apply to any activity in respect of hemp or hemp products that is regulated in terms of the Medicines and Related Substances Act.
(2) For purposes of subsection (1)― (a) "activity" includes the cultivation, manufacturing, importing, exporting, acting as a wholesaler or conducting research in accordance with terms or conditions of a permit, licence or authorisation in terms of the Medicines and Related Substances Act; and (b) "hemp" includes, where relevant to an activity in paragraph (a), a cannabis plant, cannabidiol, THC and any other product derived from cannabis or any medicine containing cannabis.
CHAPTER 3 CANNABIS FOR CULTURAL OR RELIGIOUS PURPOSES Special measures to accommodate cultural or religious communities 15.
(1) (a) An authorised representative of a cultural or religious community may, in the prescribed manner, make an application to the Minister for the issuing of a permit, which authorises that cultural or religious community to— (i) (ii) possess, obtain and supply cannabis plant cultivation material; cultivate cannabis plants in a private place; (iii) possess in private, cannabis plants in a public place; appropriate (iv) possess, obtain and supply cannabis plants; (v) provide, obtain and supply cannabis; (vi) possess in private, cannabis in a public place; (vii) possess cannabis in a private place; or (viii) perform any other activity in relation to anything specified in subparagraphs (i) to (vii), for cultural or religious purposes, on behalf of its members.
(b) The application in paragraph (a)— (i) must be in the prescribed form; (ii) must contain the full names and surname, identity number, business and residential address, contact details and such other information that may be prescribed, of the authorised representative; 27 (iii) must be accompanied by the written authority of the authorised representative to make the application in subsection (1)(a) on behalf of the cultural or religious community concerned; (iv) must contain the applicable information in paragraph (c) and such other information prescribed by regulations that may be made in terms of subsection (8); and (v) may be accompanied by supporting affidavits or affirmed declarations, documents and other information, relevant to the application.
(c) The application in subsection (a) must— identify and describe the cultural or religious community; describe the conditions or requirements for membership of the cultural or religious community; (i) (ii) (iii) provide proof to the satisfaction of Minister that the cultural or religious practices of the community concerned involves the use of cannabis plants or cannabis; (iv) specify the activities which are required to be authorised in terms of paragraph (a) and provide full particulars regarding the reasons why the cultural or religious community must be authorised to perform such activities with reference to its cultural or religious practices, as the case may be; (v) indicate whether the cultural or religious community keeps record of its members, or describe the manner used by the cultural or religious community to identify its members; (vi) specify the number of adult members belonging to the cultural or religious community; (vii) give estimated quantities of— (aa) cannabis plants that is required to be cultivated per cultivation season; and (bb) cannabis that is required for a four-month period, for the purposes of cultural or religious practices by its members, and specify the manner in which such quantities has been calculated with reference to the number of adult members in item (vi); (viii) provide proof to the satisfaction of Minister that the cultural or religious community is the owner, lessee or occupier of— (aa) land which is to be used to cultivate cannabis plants in private as contemplated in this Act and in respect of which access can be restricted, as contemplated in subsection (7); 28 (bb) dwelling which is to be used to store or supply cannabis plant cultivation material, cannabis plants or cannabis and in respect of which security measures, as contemplated in subsection (7), will be implemented, to prevent unauthorised access to cannabis plants or cannabis; or (cc) land or a dwelling, which is to be used for cultural or religious practices and in respect of which access can be restricted,
 as contemplated in subsection (7); (ix) identify all authorised members of the cultural or religious community, as the case may be, who will be involved in the activities which are required to be authorised in terms of paragraph (a); (x) provide assurances to the satisfaction of the Minister that the authorised representative and the community concerned is in a position to effectively monitor, manage and enforce compliance with the conditions, restrictions, obligations or requirements of the permit and the regulations that may be made in terms of subsection (8); and (xi) provide proof, to the satisfaction of Minister that the community complies with any other requirement or criteria for the issuing of such permit as prescribed by the regulations that may be made in terms of subsection (8).
(2) (a) The Minister must submit the application, together with the Minister's recommendation thereon, to the— (i) (ii) Commission; responsible MEC of any province that may be affected by the application; and (iii) Cabinet members responsible for policing and trade and industry, for their recommendations.

(b) Paragraph (a) does not divest the Minister to consult any other Cabinet member, person, functionary or agency with regard to the application.
(3) (a) The Minister must, if satisfied from the application and the recommendations in subsection (2), that— (i) (ii) the cultural or religious community is a bona fide cultural or religious community; the cultural or religious practices of the community concerned traditionally involves the use of cannabis plants or cannabis; (iii) the activities in subsection (1)(a) which are required to be authorised, are reasonably necessary for cultural or religious practices of its members; (iv) the conditions, restrictions, obligations or requirements in subsection (7), which the Minister intends to impose in terms of the permit are reasonable to achieve the objectives prescribed in subsection (7)(a); and 29 (v) the cultural or religious community is in a position to effectively monitor, manage and enforce compliance with the conditions, restrictions, obligations or requirements of the permit and the regulations that may be made in terms of subsection (8), approve the application.
(b) A permit contemplated in this section— (i) must be in the prescribed form; (ii) must be issued in the name of the authorised representative of the cultural or religious community and the cultural or religious community concerned; (iii) may authorise any or all of the activities specified in subsection (1)(a)(i) to (viii), (iv) is subject to— (aa) such conditions, restrictions, obligations or requirements specified therein, which the Minister may impose in terms of subsection (7); and (bb) the regulations that may be made in terms of subsection (8), or such provisions of the regulations specified therein; and (v) must be published in the Gazette; (vi) comes into effect on the fifteenth day from the date of publication in the Gazette; (vii) is, subject to earlier termination in terms of subsection (6), valid for a period of three years from the date of publication in the Gazette and shall be renewable.
(c) The Minister must table copies of the permit, the application and written reasons for the Minister’s decision, in Parliament before publication of the permit in the Gazette.

(4) (a) The Minister must, if not satisfied as contemplated in subsection (3)(a) that the permit must be issued, refuse the application.

(b) The Minister must— (i) inform the authorised representative in writing of the decision in terms of paragraph (a); and (ii) provide written reasons for that decision.
(5) The Minister may, at any stage before a decision to issue or refuse a permit is made, in the prescribe form and manner, require the authorised representative— (a) to furnish such further information in writing, including a certified copy of any document, as the Minister may deem necessary for the proper consideration of the application; (b) to give notice of the application, to any person who may have an interest therein and furnish proof to the satisfaction of the Minister that notice was given; or 30 (c) to furnish an affidavit or affirmed declaration obtained from an identified person or any person belonging to a category of persons, to confirm any aspect relevant to the application.
(6) (a) The Minister may, subject to paragraph (b)— (i) terminate the permit— (aa) if the application or any statement or document in support of the application is false in a material aspect, or omits to state any material fact which was required to be stated in the application; or (bb) in the event of a serious or repeated or continued failure to comply with any conditions, restrictions, limitations or requirement specified therein; or (ii) amend the permit if he or she is of the opinion there are good reasons for doing so.
(b) The Minister must— (i) in the prescribed form and manner inform the authorised representative of the cultural or religious community, of the Minister’s intention to terminate or amend the permit and the reasons on which such intention is based; (ii) afford the authorised representative of the cultural or religious community an opportunity to make written representations, within 30 calendar days after the representative has been so informed, why the permit should not be terminated (iii) (iv) or amended; consider the written representations; and in the prescribed form and manner inform the authorised representative in writing, within 30 calendar days after a decision is made, of the decision and must provide written reasons for that decision.
(c) The Minister may, at any stage before a decision to terminate or amend a permit is made, in the prescribe form and manner, obtain an affidavit or affirmed declaration from any person who in the opinion of the Minister may be able to give information of material importance concerning the matter, or who is believed to have in their possession or custody or under their control any document or other information which may have a bearing on the matter.
(d) The Minister must— (i) (ii) give notice of the termination of a permit; or publish any amendments to a permit, in the Gazette, which termination of, or amendments to, the permit shall come into effect on the date of publication.

31 (e) The Minister must, as soon as possible, after the publication in terms of paragraph (d), table a copy of the notice of termination, or the amendments, published in the Gazette and written reasons for the decision, in Parliament.
(7) (a) The Minister must in terms of a permit, impose such conditions, restrictions, obligations or requirements on any or all of the activities specified in subsection (1)(a)(i) to (viii), that the Minister considers reasonably necessary to— (i) Confine access to, and supply of, cannabis plants and cannabis to adult members of the cultural or religious community concerned; (ii) restrict the cultivation of cannabis plants and the possession, storing and supply of cannabis, to such quantities that are reasonably required by the adult members of the cultural or religious community for purposes of cultural or religious practices; (iii) protect child members of the cultural or religious community concerned against the harms associated with the smoking or consumption of cannabis; (iv) protect any other person who is not a member of the cultural or religious community concerned against the harms associated with the smoking or consumption of cannabis; and (v) curb dealing in, and other criminal activities associated with, cannabis.
(b) Without restricting the generality of the Minister's powers to impose conditions, restrictions, obligations or requirements on any or all of the activities specified in subsection (1)(a)(i) to (viii), to achieve the objectives set out in paragraph (a), the Minister may, in terms of the permit— (i) limit the quantity of— (aa) cannabis plant cultivation material that may be possessed, obtained and supplied; (bb) cannabis plants that may be cultivated in a private place; (cc) cannabis plants that may be possessed in private, in a public place; (dd) cannabis plants that may be possessed, obtained and supplied; (ee) cannabis that may be possessed, obtained and supplied:; (ff) cannabis that may be possessed in private, in a public place; or (gg) cannabis that may be possessed in a private place, by a cultural or religious community, to a quantity prescribed in the permit; (ii) limit the quantity of— 32 (aa) cannabis plant cultivation material that may be possessed, obtained and supplied; (bb) cannabis plants that may be cultivated in a private place; (cc) cannabis plants that may be possessed in private, in a public place; (dd) cannabis plants that may be possessed, obtained and supplied; (ee) cannabis that may be possessed, obtained and supplied: (ff) cannabis that may be possessed in private, in a public place; or (gg) cannabis that may be possessed in a private place, by an adult member of a cultural or religious community for cultural or religious purposes, to a quantity prescribed in the permit, which quantity may be in excess of a prescribed quantity contemplated in section 2; (iii) impose such record keeping and reporting obligations as the Minister considers necessary; (iv) in relation to subsection (1)(c)(viii), specify conditions, restrictions, obligations or requirements which must comply with to— (aa) restrict access to the land which is to be used for cultivation of cannabis; (bb) secure a dwelling that is to be used to store or supply cannabis plants or cannabis, against unauthorised access; or (cc)
 restrict access to land or a dwelling which is to be used for cultural or religious purposes; (v) provide for oversight mechanisms and procedures for monitoring compliance with the permit by the authorised representative; or (vi) prohibit any activity specified in subsection (1)(a)(i) to (vii) or any activity in subsection (1)(a)(viii), in relation to activity in subsection (1)(a)(i) to (vii).
(8) (a) The Minister may make regulations to— (i) prescribe additional information that must be furnished in an application contemplated in subsection (1)(a); (ii) prescribe additional criteria and requirements that must be complied with before a permit may be issued; (iii) provide for on-site examinations or inspections by an authorised person, to monitor compliance with the provision of a permit; (iv) regulate the destruction of cannabis plant cultivation material, cannabis plants and cannabis in excess of the quantities in subsection (7)(b)(i); (v) provide for infringement notices and administrative penalties in respect of a contravention or failure to comply with — (aa) any condition of a permit; and 33 (bb) any regulation contemplated in subparagraph(iv) or (vi); and (vi) prescribe or regulate any other matter which is necessary or expedient to achieve the objects of this section.
(b) Any regulation made in terms of paragraph (a)(v), must specify the amount of the administrative fine payable, which amount may not exceed R50 000.

(c) Any regulations made in terms of paragraph (a)(iii), (iv) or (vi), may provide that any person who contravenes or fails to comply with a provision thereof, shall be guilty of an offence and liable on conviction to a fine, or to imprisonment for a period not exceeding two years.
(d) Any regulation made in terms of this subsection must, before publication thereof in the Gazette, be approved by Parliament.

(9) Subject to subsection (7)(b)(ii), sections 2, 3, 4, 5 and 6 of this Act, apply to members of a cultural or religious community.
(10) Any person who— (a) furnishes information or a document or makes a statement, in an application or in support of an application; (b) (c) enters or records information in terms of subsection (8)(b)(iii); or furnishes information or a document or makes a statement in a report in terms of subsection (7)(b)(iii), knowing it to be false or not knowing or believing it to be true is guilty of a Class B offence.
(11) For the purposes of this section— (a) "authorised person" in subsection (8)(a)(iii), means a person belonging to the category or class of persons designated the Minister by notice in the Gazette and includes a police official; (b) "Commission" means the "Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities" referred to in section 3 of the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities Act, 2002 (Act No.
19 of 2002); (c) "cultural community" or "religious community" has the meaning assigned to it in section 31 of the Constitution and includes a community that primarily consists of members who are adherents of the Rastafarian faith; "land" includes any part or area of land; and "members" means persons who are bona-fide members of a cultural or (d) (e) religious community.

34 CHAPTER 4 GENERAL PROVISIONS Repeal or amendment of laws [10]16.
The laws mentioned in Schedule 5 are hereby repealed or amended to the extent reflected in the third Column of the Schedule.

Short title and commencement [11]17.

This Act is called the Cannabis for Private Purposes Act, 2020, and comes into operation on a date fixed by the President by Proclamation in the Gazette.
35 Schedule 1 (Section 1) CANNABIS PLANT EQUIVALENT Column 1 Class of cannabis plant Column 2 Quantity that is equivalent to one flowering cannabis plant Immature cannabis plant Two plants Schedule 2 (Section 1) CANNABIS EQUIVALENT Column 1 Class of cannabis Column 2 Quantity that is equivalent to 1 gram of dried cannabis (a) Fresh cannabis (b) Cannabis solid concentrates (c) Cannabis liquid concentrates Five grams 0, 25 gram 0, 25 gram Column 1 Sections (a) Section 2(1)(a) (b) Section 2(1)(b) (c) Section 2(1)(c) (d) Section 2(1)(d) (e) Section 2(1)(e) Schedule 3 (Sections 1 and 2) PRESCRIBED QUANTITY Column 2 Quantity of class Unlimited seeds and seedlings (i) Four flowering cannabis plants or cannabis plant equivalent per adult person; or (ii) eight flowering cannabis plants or cannabis plant equivalent per dwelling which is occupied by two or more adult persons 100 grams dried cannabis or cannabis equivalent (i) 600 grams dried cannabis or cannabis equivalent per adult; or (ii) 1200 grams dried cannabis or cannabis equivalent per dwelling which is occupied by two or more adult persons [One flowering cannabis plant or cannabis plant equivalent] Two immature cannabis plants (f) Section 2(3)(a) 30 seeds or seedlings or any combination thereof 36 (g) Section 2(3)(b) (h) Section 2(3)(c) (i) Section 2(4)(a)(i) (j) Section 2(4)(a)(ii) (k) Section 2(4)(a)(iii) (l) Section 2(4)(a)(iv) (m) Section 2(4)(b)(i) (n) Section 2(4)(b)(ii) [One flowering cannabis plant or cannabis plant equivalent] Two immature cannabis plants 100 grams dried cannabis or cannabis equivalent Eight flowering cannabis plants or cannabis plant equivalent per adult person 200 grams dried cannabis or cannabis equivalent 1200 grams dried cannabis or cannabis equivalent per adult person Four immature cannabis plants Four immature cannabis plants 200 grams dried cannabis or cannabis equivalent Schedule 4 (Sections 1, 3 and 4) TRAFFICABLE AND COMMERCIAL QUANTITIES Column 1 Sections Column 2 Trafficable quantity of class Column 3 Commercial quantity of
 class (a) Section 3(1)(b) (i) Six flowering cannabis plants or cannabis plant equivalent per adult person; [or] (ii) twelve flowering cannabis plants or cannabis plant equivalent per dwelling which is occupied by two or more adult persons; or (iii) twelve flowering cannabis plants or cannabis plant equivalent per adult persons referred to in section 2(4)(a) (b) Section 3(1)(c) (i) Nine flowering cannabis plants or cannabis plant equivalent per adult person; or (ii) Eighteen flowering cannabis plants or cannabis plant Column 1 Sections Column 2 Trafficable quantity of class 37 Column 3 Commercial quantity of class equivalent per dwelling which is occupied by two or more adult persons Option: (i) [Nine] Ten flowering cannabis plants or cannabis plant equivalent per adult person; [or] (ii) [Eighteen] Twenty flowering cannabis plants or cannabis plant equivalent per dwelling which is occupied by two or more adult persons; or (iii) Twenty flowering cannabis plants or cannabis plant equivalent per adult persons referred to in section 2(4)(a) (c) Section 3(4)(b) Two flowering cannabis plants or cannabis plant equivalent Option: [Two flowering cannabis plants or cannabis plant equivalent] Six immature cannabis plants; or Four flowering cannabis plants or cannabis plant equivalent per 38 Column 1 Sections Column 2 Trafficable quantity of class Column 3 Commercial quantity of class adult persons referred to in section 2(4)(b)(i) (d) Section 3(4)(c) (e) Section 3(5)(b) Two flowering cannabis plants or cannabis plant equivalent Option: [Two flowering cannabis plants or cannabis plant equivalent] Six immature cannabis plants; or three flowering cannabis plants or cannabis plant equivalent per adult persons referred to in section 2(4)(b)(i) (f) Section 3(5)(c) Four flowering cannabis plants or cannabis plant equivalent Option: [Four flowering cannabis plants or cannabis plant equivalent] Fifteen immature cannabis plants; or six flowering cannabis plants or cannabis plant
 equivalent per adult persons referred to in section 2(4)(b)(i) [Four flowering cannabis plants or cannabis plant equivalent] Twelve immature cannabis plants; or Column 3 Commercial quantity of class flowering cannabis five plants or cannabis plant equivalent per adult persons referred to in section 2(4)(b)(i) Twelve immature cannabis plants 300 grams dried cannabis or cannabis equivalent; or 400 grams dried cannabis or cannabis equivalent per adult persons referred to in section 2(4)(a)(ii) Column 1 Sections Column 2 Trafficable quantity of class 39 Six immature cannabis plants (g)Section 3(6)(a)(ii) (h)Section 3(6)(a)(iii) [(g)] (i) Section 200 grams dried cannabis or 4(1)(b) cannabis equivalent; or 300 grams dried cannabis or cannabis equivalent per adult persons referred to in section 2(4)(a)(ii) [(h)] (j) Section 4(1)(c) [(i)] (k) Section (i) 800 grams dried cannabis 4(2)(b) or cannabis equivalent per adult;[ or] (ii) 1500 grams dried cannabis or cannabis equivalent per dwelling which is occupied by two or more adult persons; or (iii) 1500 grams dried cannabis or cannabis equivalent per 40 Column 1 Sections Column 2 Trafficable quantity of class Column 3 Commercial quantity of class adult persons referred to in section 2(4)(a) [(j)] (l) Section 4(2)(c) [(k)] (m) Section 200 grams dried cannabis or 4(4)(b) cannabis equivalent; or 300 grams dried cannabis or cannabis equivalent per adult persons referred to in section 2(4)(b)(ii) [(l)] (n) Section 4(4)(c) (i) 1000 grams dried cannabis or cannabis equivalent per adult[; or] (ii) 2000 grams dried cannabis or cannabis equivalent per dwelling which is occupied by two or more adult persons; or (iii) 2000 grams dried cannabis or cannabis equivalent per adult persons referred to in section 2(4)(a) 300 grams dried cannabis or cannabis equivalent; or 400 grams dried cannabis or cannabis equivalent per adult persons referred to in section 2(4)(b)(ii) 41 Schedule 5 (Section [10] 16) LAWS REPEALED OR AMENDED Short title
 Number and year of law Act No.
140 of 1992 Drugs and Drug Act, Trafficking 1992 Act No.

93 of 1996 National Road Traffic Act, 1996 Extent of repeal or amendment (a) Part II of Schedule 2 is amended by the deletion of the item: "Dronabinol [(-)-transdelta-9-tetrahydrocannabinol]."

(b) Part III of Schedule 2 is amended by the deletion of the items: (i) "Cannabis (dagga), the whole plant or any portion or product thereof, except dronabinol [(-)-transdelta-9- tetrahydrocannabinol]"; and (ii) "Tetrahydrocannabinol".
(a) The Index to the Act is amended by— (i) the substitutionfor the heading to Chapter XI of the following heading: "RECKLESS DRIVING, INCONSIDERATE DRIVING, DRIVING WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR, THC OR A DRUG HAVING A NARCOTIC EFFECT, AND MISCELLANEOUS OFFENCES"; and NEGLIGENT OR (ii) the substitution for item 65 of Chapter XI of the following item: "Driving or occupying driver's seat while under the influence of intoxicating liquor[ or], a drug having narcotic effect or THC, or with excessive amount of alcohol or THC or a drug having a narcotic effect in blood or breath"; (b) The insertion in section 1— (i) after the definition of "driving licence testing centre" of the following definition: "'drug having a narcotic effect' means any substance or a combination of substances that have an impairing effect on a person's ability to control his or her actions, but excludes THC;"; and (ii) after the definition of "testing station" of the following definition: "'THC' means any substance containing (-)-trans- delta-9-tetrahydrocannabinol;".
for paragraph (g) of (c) The amendment of section 15 by the substitution in following subsection (1) paragraph: "(g) if he or she is addicted to the use of any drug having a narcotic effect, or the excessive use of intoxicating liquor or THC; or".
the (d) The amendment of section 61 by the substitution in following for paragraph (g) of the subsection (1) paragraph: "(g) not, except on the instructions of or when administered by a medical practitioner in the case of injury or shock, take any intoxicating liquor, THC, or drug having a narcotic effect unless he or she has complied with the provisions of paragraph (f), where it is his or her duty to do so, and has been examined by a medical practitioner if such examination is required by a traffic officer.".
Number and year of law Short title Extent of repeal or amendment 42 (e) The amendment of section 65 by— (i) the substitution for the heading to that section of the following heading: "Driving or occupying driver's seat while under the influence of intoxicating liquor[ or], a drug having narcotic effect or THC, or with excessive amount of alcohol or THC or a drug having a narcotic effect in blood or breath"; (ii) the substitution for subsections (1), (2) and (3) of the following subsections, respectively: "(1) No person shall on a public road— (a) drive a vehicle; or (b) occupy the driver's seat of a motor vehicle the engine of which is running, while under the influence of intoxicating liquor, THC or a drug having a narcotic effect or any combination thereof.
(2) No person shall on a public road— (a) drive a vehicle; or (b) occupy the driver's seat of a motor vehicle the engine of which is running, while the concentration of— (i) alcohol; (ii) THC; (iii) a drug having a narcotic effect; or (iv) any combination of (i), (ii) and (iii), in any specimen of blood taken from any part of his or her body is not less than [0,05 gram per 100 millilitres, or in the case of a professional driver referred to in section 32, not less than 0,02 gram per 100 millilitres] the concentration of alcohol, THC or a drug having a narcotic effect or a combination thereof specified in subsection (10).
(3) For purposes of subsection (2) or subsection (5)(a) or (b)(ii), [I]if, in any prosecution for an alleged contravention of a provision of [subsection (2)] those subsections, it is proved that the concentration of alcohol, THC or other drug having a narcotic effect or a combination thereof, in any specimen of blood taken from any part of the body of the person concerned was not less than [0,05 gram per 100 millilitres] the concentration specified in subsection (10) or (11), respectively, at any time within two hours after the alleged contravention, it shall be presumed, in the absence of evidence to the contrary, that such concentration was not less than [0,05 gram per 100 millilitres at the time of the alleged contravention, or in the case of a professional driver referred to in section 32, not less than 0,02 gram per 100 millilitres it shall be presumed, in the absence of evidence to the contrary, that such concentration was not less than 0,02 gram per 100 millilitres] the those subsections, concentrations specified respectively, the alleged contravention.
"; time of the at in (iii) the substitution for subsections (5) and (6) of the following subsections respectively: "(5) No person shall on a public road— Number and year of law Short title Extent of repeal or amendment 43 (a) drive a vehicle; or (b) occupy the driver's seat of a motor vehicle, the engine of which is running, while the concentration— (i) of alcohol in any specimen of breath exhaled by such person is not less than [0,24 milligrams per 1 000 millilitres, or in the case of a professional driver referred to in section 32, not less than 0,10 milligrams per 1000 millilitres] the concentration specified in subsection (11); or (ii) of alcohol in any specimen of breath exhaled by such person in combination with THC or drug having a narcotic effect in any specimen of blood taken from any part of the body of the person is not less than the concentration specified in subsection (11).
less than (6) If, in any prosecution for a contravention of a provision of subsection (5), it is proved that the concentration of alcohol in any specimen of breath of the person concerned [was not less than 0,24 milligrams per 1 000 millilitres of breath] taken at any time within two hours after the alleged contravention was not the concentration specified in subsection (11), it shall be presumed, in the absence of evidence to the contrary, that such concentration was not less than [0,24 milligrams per 1 000 millilitres at the time of the alleged contravention, or in the case of a professional driver referred to in section 32, not less than 0,10 milligrams per 1000 millilitres, it shall be presumed, in the absence of evidence to the contrary, that such concentration was not less than 0,10 milligrams per 1 000 millilitres] the concentration specified in subsection (11) at the time of the alleged contravention.
"; (iv) the substitution for subsection (8) of the following subsection: "(8) Except on the instruction of or when administered by a medical practitioner, no person detained for an alleged contravention of any provision of this section shall during his or her detention consume any alcohol, THC or a drug having a narcotic effect, nicotine, or any medication until the specimen referred to in subsection (3) or (6) has been taken.
"; and the addition of subsection (9): following subsection after the (v) (ii) "(10) (a) Where a person professional driver referred to in section 32— (i) is a a concentration of less than a concentration of a drug having a narcotic effect, as may be prescribed, per 100 millilitres of blood; a concentration of less than— (aa) 0,02 gram alcohol per 100 millilitres of blood; 200 nanograms THC per 100 milliliters of blood; or (bb) (cc) 0,01 gram alcohol and 100 nanograms THC per 100 millilitres of blood, without any detectable concentration of a drug having a narcotic effect, as may be prescribed; or Number and year of law Short title Extent of repeal or amendment 44 (iii) and gram a concentration of less than— (aa) 0,01 any alcohol concentration of a drug having a narcotic effect, as may be prescribed, per 100 milliliers of blood; or (bb) 100 nanograms THC and any concentration of a drug having a narcotic effect, as may be prescribed, per 100 millilitres of blood.
(b) Where a person is not a professional driver— (i) (ii) (iii) a concentration of less than a concentration of a drug having a narcotic effect, as may be prescribed, per 100 millilitres of blood; a concentration of less than— (aa) 0,05 gram alcohol per 100 millilitres of blood; 500 nanograms THC per 100 milliliters of blood; or (bb) (cc) 0,025 gram 250 nanograms THC per 100 millilitres of blood, alcohol and gram without any detectable concentration of a drug having a narcotic effect, as may be prescribed; or a concentration of less than— (aa) any 0,025 concentration of a drug having a narcotic effect, as may be prescribed, per 100 millilitres of blood; or (bb) 250 nanograms THC and any concentration of a drug having a narcotic effect, as may be prescribed, per 100 millilitres of blood.
alcohol and (11) (a) Where a person is a professional driver referred to in section 32— (i) a concentration of less than— (aa) 0,10 milligrams alcohol per 1000 millilitres (bb) of breath; or 0,5 milligrams alcohol per 1000 millilitres of breath and 100 nanograms THC per 100 millilitres of blood, without any detectable concentration of a drug having a narcotic effect, as may be prescribed; or a concentration of less than 0,5 milligrams alcohol per 1000 millilitres of breath and any concentration of a drug having a narcotic effect, as may be prescribed, per 100 millilitres of blood.
(b) Where a person is not a professional (ii) driver— (i) a concentration of less than— (aa) 0,24 milligrams alcohol per 1000 millilitres (bb) of breath; or 0,12 milligrams alcohol per 1000 millilitres of breath and 250 nanograms THC per 100 millilitres of blood, without any detectable concentration of a drug having a narcotic effect, as may be prescribed; or Number and year of law Short title Extent of repeal or amendment 45 (ii) a concentration of less than 0,12 milligrams alcohol per 1000 millilitres of breath and any concentration of a drug having a narcotic effect, as may be prescribed, per 100 millilitres of blood.
(f) The amendment of section 75 by the insertion after subsection (1) of the following subsection: "(1A) The Minister may, in consultation with the Cabinet member responsible for health, prescribe any drug or category or class of such drugs having a narcotic effect and the concentration thereof for purposes of section 65(10) or (11).".

Act No.

75 of 2008 Child Justice Act, (a) Amendment of Schedule I to the Act, by the addition of the 2008 following item, after item 18: "19.
An offence provided for in sections 3(6)(a), (7) and (9), 4(1)(a) and (5), where the quantity involved is less than 100 grams dried cannabis or cannabis equivalent, (6)(b) and (7) and 5 of the Cannabis for Private Purposes Act."

(b) Amendment of Schedule 2 to the Act, by the addition of the following item, after item 25: "26.
An offence provided for in sections 3(6)(b) and 4(1)(b) and (5), where the quantity involved is less than 200 grams dried cannabis or cannabis equivalent, and 6(2)(b), of the Cannabis for Private Purposes Act."

(c) Amendment of Schedule 3 to the Act, by the addition of the following item, after item 22: "23.

An offence provided for in sections 4(1)(c) and (5), where the quantity involved exceeds 200 grams dried cannabis or cannabis equivalent, and 6(5), of the Cannabis for Private Purposes Act."