Jabulani Maphisa
J.M. Maphisa. University of Botswana
Background. In the past decade, a growing number of jurisdictions have reformed their legislation and regulations relating to cannabis. Although the majority of reported developments have been in non-African countries, there is a need to synthesise and document the state of affairs of cannabis legislation in a continent with cultural and historical connections to the plant and its extracts.
Method. A review and analysis of legislation and regulations of 11 English-speaking southern African countries was conducted to explore the legality of cannabis use (recreational and medicinal) and cannabis cultivation (personal and commercial). Government pronouncements and court judgments were also reviewed to ensure currency.
Results. Of the countries reviewed, South Africa is the only country in which recreational and medicinal cannabis use is legal. The legality of cannabis use in South Africa came by way of a 2018 Constitutional Court judgment, and awaits parliament’s compliance. By inference from the legislation, three countries (Zimbabwe, Zambia, and Malawi) make provision for the use of tinctures of cannabis, and one country (Lesotho) permits prescribed medicinal cannabis in respect of international travellers. Two countries (South Africa and Zambia) allow for personal cultivation of cannabis, and the latter does so by limiting the intended use to be medicinal and authorised by the Minister. Since 2018, four countries (Lesotho, Zimbabwe, Swaziland and Zambia) have either promulgated regulations or issued executive approvals for the commercial cultivation of cannabis for medicinal purposes.
Conclusion. Save for the case of South Africa, the recent cannabis reforms (in Lesotho, Zimbabwe, Swaziland and Zambia) are largely motivated by prospective economic gains. The economic motivation perhaps highlights the countries’ fiscal needs and exposes the need for more evidence based, public health orientated reforms relating to cannabis.