SACCA Code of Compliance for

Private Cannabis Clubs

Last Updated : 05 August 2025

This is a living document — reviewed regularly with input from registered SACCA Members on the Forum.

This Code of Compliance is intentionally basic and foundational — it’s designed to be a starting point, not a final product.
The goal is for SACCA Members like you to shape this document together so that it reflects the real needs, challenges, and ethics of our diverse cannabis community.

This paper outlines SACCA's formal position on the legal recognition and regulation of Private Cannabis Clubs in South Africa. It is intended to guide and inform policymakers, regulators, and civil society stakeholders on a practical and rights-based framework for cannabis reform.

SACCA Members agree to provide feedback, report abuses, and help refine standards over time.
SACCA encourages cooperation with researchers, lawmakers, and community leaders to build a transparent, trusted industry.

CANNABIS CLUBS IN SOUTH AFRICA

Legal Basis:

Private Cannabis Clubs commit to operating within the constitutional and legal framework of South Africa, specifically respecting the rights of adults to privacy, association, dignity, and bodily autonomy.

SACCA’s compliance principles are grounded in the following legal foundations:

1. The Constitution of the Republic of South Africa, 1996

Section 14 – Right to Privacy

Every person has the right to not have their person, home, or property searched or their possessions seized.
➤ This underpins the right of adults to cultivate and use cannabis in a private setting.
Section 18 – Freedom of Association

All people have the right to freely associate with others.
➤ This supports the formation of private cannabis clubs as non-public, member-based collectives.
Section 22 – Freedom to Choose a Trade, Occupation or Profession

Every citizen has the right to freely choose their profession or livelihood.
➤ This protects individuals engaging in cannabis cultivation, education, and non-commercial services as a legitimate livelihood.

2. Constitutional Court Ruling: Minister of Justice and Constitutional Development and Others v Prince (2018)

In September 2018, the Constitutional Court delivered a landmark judgment that decriminalised the private cultivation, possession, and use of cannabis by adults for personal consumption.
The Court ruled that criminalisation of cannabis use in private by adults was unconstitutional, based on the right to privacy.
Key takeaway:
➤ Adults may possess, cultivate, and use cannabis in private for personal consumption.
➤ The Court left it to Parliament to define how this private use should be legislated.

3. Cannabis for Private Purposes Act, 2024 (Act No. 2 of 2024)

Gazetted on: 28 June 2024
This Act gives legislative effect to the Constitutional Court’s 2018 judgment, defining parameters for:
- Possession limits
- Cultivation for personal use
- Sharing between adults in private
- Prohibitions on commercial transactions and use by minors
Notably, the Act does not yet define or regulate Private Cannabis Clubs, leaving these entities in a legal grey area.
SACCA’s position is that Private Cannabis Clubs are private spaces where cultivation and sharing occur among consenting adults, which aligns with both the letter and spirit of the Act.

4. Legal Doctrine & Future Interpretation

PCCs are structured to avoid public trade or resale, ensuring that cannabis is not sold commercially, but shared within a closed, consent-based environment.
SACCA clubs uphold non-profit models (or could operate under proposed for-profit compliance standards?), and function in a manner that is “technically not illegal”, pending further regulatory clarity.
SACCA further advocates for the recognition of PCCs as a viable, rights-respecting framework in any forthcoming cannabis regulations, and will submit a formal Policy Position Paper to the relevant authorities.

Key Compliance Principles:

Member-only access, with ID and consent verification.
No public advertising of cannabis products.
Transparent administration, cultivation, and distribution limited to members.
Financials must show zero-profit distribution; reinvestment into club/community is permitted.
Not allowed to profit from the distribution or sale of cannabis.
Structured as non-profit companies (NPCs) or voluntary associations.
Function under closed-loop, member-to-member systems with transparency and accountability.

1. Legal Foundation & Principles

This Code is grounded in South African law and the constitutional rights of adults to privacy and association.

SACCA member clubs:

Operate non-commercially, as private associations, sharing cannabis among adult members.
Are governed by the right to privacy (Constitutional Court 2018) and freedom of association.
Recognize the Cannabis for Private Purposes Bill as an evolving legal context and commit to shaping future regulations responsibly.

Clubs operate under the principle that cannabis may be cultivated and shared privately among consenting adults — not bought or sold to the public.

2. Membership & Access

Clubs are strictly private associations, not open to the public.
All members must be 18 years or older and verified via valid ID.
Members must sign a Membership Agreement outlining their rights, responsibilities, and limits under the club model.
Clubs must have a written constitution or founding document, provide transparent track & tracing, clear governance, and a designated compliance officer or point of contact.
Members must not resell cannabis received from the club.

3. Cultivation Models

SACCA recognizes two cultivation frameworks to reflect how clubs currently operate:

3.1 Onsite Cultivation

Cannabis may be cultivated on a private club premises on behalf of members.
A Club appoints service providers and establish cultivation contracts with grow mandates to ensure that all cultivation efforts fit within the regulatory framework of private adult use.
Cultivation quantities must be proportional to the number of active members, using a collective cultivation mandate system (e.g. each member delegates a portion of their right to the club).
Cultivation must take place in secure, access-controlled environments.
Onsite cultivation should comply with health and safety measures: ventilation, cleanliness, and pest control.

3.2 Offsite Cultivation

Individual members or assigned growers may cultivate cannabis privately and contribute it to the club.
Clubs must maintain a Cultivation Declaration Log for all offsite sources, including:
- Grower/member name or ID
- Strain name
- Grow location (private and confidential)
- Method (e.g. organic, indoor, greenhouse)
- Harvest date
Offsite growers must sign a Cultivation Declaration Form affirming the cannabis is for private member use only.

4. Distribution Protocol

Cannabis must be shared exclusively among registered members, based on their delegated share of cultivation.
No public trade, advertising, or resale is permitted under any circumstances.
Clubs must record each distribution event in a private log (date, member ID, strain/amount).
Cannabis should be packaged in discreet, labelled, and child-safe containers, including:
- Strain name
- Batch/harvest date
- THC/CBD estimate (if available)

5. Product Safety & Integrity

Clubs must take reasonable steps to ensure product quality and safety:

Cannabis should be properly dried, cured, and free of mold or pests.
Edibles, oils, or infused products must be:
- Clearly labelled with estimated potency/dosage
- Stored securely and out of reach of minors
If possible, clubs should use third-party or in-house testing to verify cannabinoid content and screen for contaminants.

6. Responsible Use & Club Spaces

Clubs may provide onsite consumption areas, as long as:
- Access is restricted to 18+ members only
- These areas are discreet, ventilated, and compliant with local bylaws
- Harm reduction is promoted and intoxication limits are respected
Clubs should actively educate members on responsible use, dosage, interactions, and health impacts.
No illicit substances may be consumed or sold in club spaces.

7. Education & Community Engagement

SACCA clubs are encouraged to:

Host educational workshops, talks, or member briefings.
Promote responsible, stigma-free dialogue about cannabis use.
Engage with civil society, researchers, and traditional healers where appropriate.

8. Record-Keeping & Confidentiality

Each club must maintain:

A Member Registry (confidential and secure)
A Cultivation Log (onsite & offsite grows)
A Distribution Log (date, quantity, strain)
Incident logs if needed (e.g. safety issues, violations)

All records must be stored securely and used only for internal accountability, unless legally required by a court.

9. Prohibited Practices

Clubs violating the following may be removed from SACCA:

Selling or advertising cannabis publicly
Supplying to or involving minors
Operating without member agreements
Failing to verify member identity/age
Hosting public cannabis events without membership controls
Allowing other illicit substances on premises

10. Compliance Oversight & Evolution

Clubs agree to self-audit annually using SACCA’s toolkit.
SACCA may request peer reviews or provide compliance support.

Club Commitment

As a SACCA member, your club acknowledges and agrees to:

Operate safely, transparently, and within private-use boundaries
Promote inclusivity, wellness, and respect for South African cannabis heritage
Contribute to shaping a fair and representative national cannabis framework

We invite you to contribute your insights by:

Suggesting Edits or Additions:

Post in the SACCA FORUM - Drafting a SACCA Code of Compliance

Use this simple format when posting:

Selected Text (quote the section you want to edit)
Post your suggested text
Post your Reason for Edit
If you would like to expand on a section, or if you would like to add an additional section, just prompt ADD SECTION, or EXPAND SECTION

Example topics you could help expand:

For-Profit Clubs: Should they have a separate Code?
Cultivator Guidelines: What deeper compliance is needed?
Edibles & Extracts: How do we ensure product safety?
Packaging, labelling, sustainability, etc.

Suggest Edits