Pretoria – Agriculture, Land Reform and Rural Development Minister Thoko Didiza has announced the opening of the application process for hemp permits, effective from today.
This follows the declaration of hemp as an agricultural crop under the Plant Improvement Act. Among other things, the legislation provides for import and export control of certain plants and propagating material, as well as maintaining the quality of such plants and propagating material.
“It is important to indicate that both hemp and dagga are plants of the same genus, namely Cannabis. However, commercial use of dagga remains prohibited in terms of the Drugs and Drug Trafficking Act 140 of 1992. The declaration of hemp as an agricultural crop now allows the importation, exportation, cultivation, sale and research of hemp in South Africa,” said Didiza.
“This is a step towards the development of the Cannabis Master Plan, which aims to provide a broad framework for the development and growth of the South African cannabis industry in order to contribute to economic development, job creation, inclusive participation, rural development and poverty alleviation.”
Didiza said conservative estimates were a total of 25 000 jobs could be created across the various value chains.
“We appreciate the fact that various rural communities and farmers across South Africa have been planting hemp for many years. These farmers and traders will be prioritised to ensure that the commercialisation of hemp contributes to their socio-economic upliftment,” said Didiza.
She said her department is working with provincial and national departments to ensure that adequate support is provided to producers, including value addition.
“A call is thus made to all interested growers, researchers, processors and manufacturers to apply for hemp permits. Application forms, requirements and guidelines are accessible on the department’s website: www.dalrrd.gov.za. Follow the plant production link,” said Didiza.
The hemp plant is used to make thousands of consumer products, including clothing, shoes, diapers, rope, canvas, cellophane, paints, fuels, chain lubricants, biodegradable plastics, paper, fibreboard, cement blocks, food, cosmetics and soap.
Experts say legally, the key difference between hemp and dagga is its tetrahydrocannabinol (THC) content.
In 2018, the Constitutional Court gave Parliament 24 months to remedy defects in the law which criminalises the private cultivation and use of marijuana in South Africa.
The country's highest court confirmed an order by the High Court in Cape Town declaring sections of the Drugs Act and Medicines Act "inconsistent with right to privacy entrenched in Section 14 of the Constitution and, therefore, invalid to the extent that they make the use or possession of cannabis in private by an adult person for his or her own consumption in private a criminal offence".
This means South Africans could then grow marijuana – more commonly known as dagga, locally – in their backyard for personal use.
Buying dagga remains illegal, however.
"A purchaser of cannabis would be purchasing it from a dealer in cannabis. Therefore, if this Court were to confirm the order declaring invalid provisions that prohibit the purchase of cannabis, it would, in effect, be sanctioning dealing in cannabis. This the Court cannot do," the judgment read.
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