Title:

Policy Proposal for the Legal Recognition and Regulation of Private Cannabis Clubs in South Africa

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Purpose of This Document

This document serves as a formal policy proposal for the inclusion of Private Cannabis Clubs (PCCs) in the legislative framework governing cannabis in South Africa. It advocates for the legal recognition, regulation, and oversight of PCCs as safe, private, non-commercial models for adult cannabis use. The proposal is grounded in the Constitution and guided by international best practices.

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Note: This is a living document — reviewed regularly with input from legal, cultural, and health experts, and updated as South Africa's cannabis legislation evolves.

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Submitted To:

• Department of Justice and Constitutional Development

• Department of Health

• Department of Trade, Industry and Competition (DTIC)

• Department of Social Development

• Department of Agriculture, Land Reform and Rural Development

• Department of Small Business Development

• South African Police Service (SAPS)

• Portfolio Committees on Health, Trade, Justice, Police and Agriculture

• SETA

• NEDLAC (if applicable)

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Executive Summary

The South African Cannabis Clubs Alliance (SACCA) urges the formal recognition of Private Cannabis Clubs (PCCs) within the Cannabis for Private Purposes Bill or related regulations. Currently, thousands of cannabis users and cultivators exercise their right to privacy and association through clubs, yet do so under significant legal uncertainty.

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SACCA proposes a self-regulatory framework to integrate PCCs into national policy, with community-led oversight and adherence to safety, privacy, and health standards. This would bridge the gap between constitutional rights and practical implementation while supporting harm reduction, legacy inclusion, and local economic development.

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Context and Background

In 2018, the Constitutional Court decriminalised the private use and cultivation of cannabis for adults. However, the legislative framework to implement this ruling remains incomplete. In the vacuum, Private Cannabis Clubs have emerged as a community-based model for legal cannabis access. These clubs operate on principles of:

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• Private, member-based association

• Shared cultivation and access mandates

• Non-commercial, non-public distribution

• Internal compliance with safety, age, and quality controls

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The lack of legislative clarity leaves these entities vulnerable to raids, arrests, and criminal charges — despite operating in line with constitutional protections.

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Problem Statement

1. Legal Ambiguity — Clubs operate in good faith under constitutional rights, yet lack formal legal protection.

2. Law Enforcement Risks — SAPS lacks clear guidelines on enforcement, leading to inconsistent treatment.

3. Public Health Concerns — Absence of oversight can lead to unsafe product circulation and harm.

4. Economic Exclusion — High-cost licensing regimes favor corporates over traditional and community growers.

5. Regulatory Vacuum — No mechanism exists to verify or engage ethical cannabis clubs through government channels.

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Proposed Policy Solution

SACCA proposes the creation of a regulated category for Private Cannabis Clubs, governed by the following principles:

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1. Private Membership Model

• Clubs operate as non-commercial, not-for-profit associations.

• Access is limited to verified adult members (18+), with clear consent and agreements.

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2. Self-Regulatory Code of Compliance

• Internal rules aligned with SACCA’s voluntary framework:

  • Age verification

  • Cultivation tracking (onsite/offsite)

  • Health and safety standards

  • No resale to non-members

  • Responsible consumption protocols

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3. Registration Pathway

• Clubs may register with a government or independent regulatory body (e.g. DTIC or SAHPRA).

• Annual renewal subject to compliance and self-audit mechanisms.

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4. Stakeholder Inclusion

• Include clubs in policymaking processes, consultations, and training forums.

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SACCA Code of Compliance Overview

• Membership Verification (ID, 18+)

• Cultivation Declaration (onsite/offsite logging)

• Product Safety (mold/pesticide-free, properly cured)

• Distribution Logs (quantity, strain, recipient)

• Onsite Consumption Protocols (no alcohol, no minors)

• Community Engagement (education, workshops, harm reduction)

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This framework is already used by over 100 clubs across South Africa as a de facto standard of responsible operation.

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Legal and Constitutional Rationale

• Section 14 – Right to Privacy

• Section 18 – Freedom of Association

• Section 22 – Right to Trade/Freedom of Profession

• Section 9 – Equality (access to cannabis must not favor commercial actors only)

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Recommendations

1. Legally define and recognise PCCs under the Cannabis for Private Purposes Bill.

2. Establish a low-barrier registration framework via DTIC or similar agency.

3. Integrate the SACCA Code of Compliance as a recognised voluntary standard.

4. Invite SACCA to parliamentary cannabis policy forums and consultation processes.

5. Train SAPS and public officials to distinguish compliant clubs from criminal actors.

6. Ensure inclusive licensing that protects traditional healers and community growers.

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Conclusion

Private Cannabis Clubs are not criminal enterprises — they are part of the solution. A failure to recognise them will lead to confusion, over-policing, and social harm. SACCA calls on government to adopt a collaborative, transparent, and community-informed regulatory model that recognises the diverse realities of cannabis use and cultivation in South Africa.​