Section 21 Clubs vs Private Adult Use Clubs — Let’s Talk Legal Grounding
Hi everyone,
As our community grows and more clubs across the country participate in shaping the SACCA Code of Compliance, I’d like to raise an important discussion that I believe requires input from legal experts, club owners, and all members invested in the future of cannabis regulation in South Africa.
Many clubs and dispensaries are currently operating under the “Section 21” model…
For those unfamiliar, Section 21 refers to a provision under the Medicines and Related Substances Act that allows for the compassionate use of unregistered medicines, subject to SAHPRA approval. Some dispensaries use this framework to claim they are distributing cannabis legally for medicinal purposes.
But here’s the critical issue:
Section 21 was never designed to create a legal framework for general cannabis access. It’s intended for very specific, doctor-driven, case-by-case medical exemptions.
So what’s the alternative?
Clubs operating under a Private Adult Use model — as SACCA supports — are rooted in:
Section 14 of the Constitution (Right to Privacy)
Section 18 (Freedom of Association)
The 2018 Constitutional Court ruling decriminalising private cultivation, possession, and use by adults
These clubs do not sell cannabis, but operate as closed, membership-based associations where cannabis is cultivated and shared among consenting adults in a non-commercial, private context.
Questions We Need to Ask:
Is the Section 21 model legally sound or just a loophole waiting to be closed?
Does it unintentionally open the door for corporatisation or regulatory backlash?
Are Private Adult Use Clubs — with proper compliance and transparency — the more constitutionally defensible model?
Should SACCA’s Code of Compliance distinguish between these models, and if so, how?
Let’s hear from you:
If you’re running a Section 21 model, how do you interpret the legal grounding?
Legal experts: What’s the long-term viability of Section 21 for clubs?
Should SACCA encourage a clear separation between recreational clubs and pseudo-medical dispensaries?
I believe this discussion is vital if we want to build a credible, transparent, and defensible industry — one that doesn’t get caught off guard by future enforcement or regulatory shifts.
Looking forward to your thoughts, experiences, and suggested input for the Code of Compliance.
— Bertie
Administrator (Interim)