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Is cannabis legal in South Africa - for everyone?

 

 

So it's time to start thinking about your cannabis tour to Cape Town - and you've got lingering questions about the legalities of it all. You'll find a summary of everything you need to know here, so you can experience the cannabis scene in Cape Town safely and with confidence.

 

In 2024, the South African government passed the Cannabis for Private Purposes Bill. It was signed off by President Cyril Ramaphosa after lengthy - and repeated - court battles, which ultimately reached the highest court in the land: the Constitutional Court. But what does the bill allow for, really? According to the South African government, the purpose of the Bill is to:

 

• respect the right to privacy of an adult person to use or possess cannabis;

• regulate the use or possession of cannabis by an adult person;

• provide for an alternative manner by which to address the issue of the prohibited use, possession of, or dealing in, cannabis by children, with due regard to the best interest of the child;

• prohibit the dealing in 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;

• amend provisions of certain laws; and

• provide for matters connected therewith.

 

But this, of course, doesn't exactly clarify directly what is and isn't legal. Here are some answers to common questions that the Bill provides clarity on.

 

Is it legal to smoke weed in South Africa?

 

Yes, in private. So, if you are in a space that is not accessible to the public, and you are not around children (people under the age of 18), you are legally permitted to possess and smoke cannabis for recreational purposes. This applies to South African and non-South African citizens, so your nationality will not affect the legality of the act of smoking cannabis in a private setting. You're all good!

 

What's the legal status of cannabis lounges?

 

Cannabis lounges are considered private settings under the law. This is because they require anyone who enters to be a member of their space, and they do not allow entry to individuals under the age of 18. As such, activities that occur within a private cannabis club are protected by the right to privacy, and so anyone inside is not liable for prosecution for the act of smoking cannabis recreationally. As part of a Cape Town Cannabis Journey, every guest is registered beforehand as a member of each cannabis lounge visited on the tour, so you will be able to enter and enjoy the range of products without any admin or hassle. It's included in your tour price.

 

What about public places, like beaches or restaurants?

 

Smoking cannabis in public is not legal in South Africa. Outside of designated cannabis lounges, or your own home, you may be liable for prosecution if you are caught smoking cannabis. On every Cape Town Cannabis Journey, for example, all consumption of cannabis is limited to the designated lounges we visit along the way.

 

Can I travel with cannabis in my luggage?

 

Within South Africa, and as long as it's a reasonable (personal) amount of it, yes! As long as it is kept in your luggage, it is considered a private possession, and so the state cannot do anything about it. When it comes to transporting cannabis in your luggage out of South Africa, that is a different story; there's nothing wrong with having it with you when you leave, but your country of arrival may see things differently. Our suggestion is to use or dispose of all of your personal cannabis before leaving the borders of South Africa.

 

So, with all that, cannabis tourism is legal?

 

Correct! Because using recreational cannabis is legal for anyone over the age of 18 in a private setting, regardless of nationality, doing a cannabis tour in Cape Town is entirely legal. On our tours, we will show you to the city's premier cannabis lounges where you can spark up with confidence, and enjoy your tour with absolute peace of mind.

 

We're very fortunate in South Africa to have a government that is developing more progressive views of cannabis, and is actively encouraging the development of the cannabis and hemp industries to unlock investment. As a country, we're very welcoming of visitors who are keen to experience our exquisite cannabis scene. There's a lot to see!