In a letter to the President, the Treasury, the DTIC, SAPS and several other government departments, cannabis legal activist Charl Botha of H3 Legal Solutions, points out that Section 22 of the Constitution “affirms every South African’s right to choose their trade, occupation, or profession freely, subject to regulation by law”.  

He argues that the same should apply to cannabis, as this is not a new market, but a long-standing, culturally significant, and historically repressed one. He says to tackle the current regulatory vacuum, seven government departments should be required to uphold the Section 22 constitutional principles. He says the Cannabis for Private Purposes Act 7 of 2024 legalized private possession and cultivation but did not provide any commercial framework.

“The absence of a finalized, constitutional retail cannabis act, combined with continued enforcement actions against community growers and traders, places thousands of South Africans in an uncertain position” he writes. “This regulatory gap hinders their ability to operate lawfully while awaiting long-delayed legislation.”

Botha writes that cannabis has been part of Southern African trade networks for centuries.

“For many, it is a cultural and spiritual plant, a medicine, and a livelihood. Limiting trade opportunities for legacy operators—while international investors prepare to dominate the formal industry—perpetuates historical economic exclusion” he says. The slogan, “We’ve Traded for 350 Years. Why Stop Now?” reflects the historical significance of cannabis as a legitimate trade for many communities.

Botha says that the lack of regulatory clarity “undermines public confidence and private investment, leaving legacy traders, emerging stores, and cooperatives vulnerable to exclusion, criminalisation, and monopolisation”.

He says that to ensure progress, stakeholders respectfully request:

•               Clarity on the Process and Timeline: Provide a transparent timeline and process for developing and finalising a legally sound, constitutionally compliant framework that enables full participation in the cannabis industry, including recreational and traditional trade.

•               Provisional Operating Guidelines: Issue interim guidelines or mechanisms to allow existing and emerging cannabis stores, legacy traders, and cooperatives to operate legally and equitably until a comprehensive act is finalized. This transitional pathway will support economic participation and prevent exclusion.

He goes on to call on the following Government departments to take specific actions to uphold constitutional principles and address systemic barriers:

•               Department of Justice and Constitutional Development: Clarify how Section 22 applies to cannabis trade, particularly for legacy and small-scale operators, and ensure enforcement practices align with constitutional protections.

•               Department of Trade, Industry and Competition: Develop interim trade guidelines to support small-scale, black-owned, and legacy operators, fostering inclusive participation and preventing monopolistic dominance.

•               South African Police Service: Align enforcement with the Prince ruling, the 2024 Act, and Section 22 by refraining from targeting community growers and traders acting in good faith for cultural, medicinal, or small-scale trade purposes.

•               Department of Health and SAHPRA: Provide accessible guidelines for recognizing traditional medicine and issuing interim product approvals to support practitioners and patients, addressing the current legal limbo.

•               Department of Agriculture, Land Reform and Rural Development: Strengthen support for legacy farmers and smallholder entrants through access to seeds, extension services, and funding. The allocation of R20 million to a private company in Mogale City, which produced no reported outcomes—such as trained farmers, harvests, or land transfers—underscores the need for transparent, grassroots-focused support.

•               Department of Small Business Development: Develop tailored funding and licensing models for micro-enterprises, cooperatives, and township-based cannabis ventures to promote equitable inclusion.

•               Department of Traditional Affairs and Department of Arts and Culture: Support recognition of cannabis as a cultural and traditional resource, ensuring policies respect its historical significance.

•               Agricultural Research Council and Department of Science and Innovation: Facilitate research and development to support small-scale farmers and traditional knowledge in cannabis cultivation.

The letter concludes: "Our right to trade is fundamental. Our organization stands ready to assist in building interim and permanent trade frameworks that recognize history, restore dignity, and comply with constitutional mandates. We respectfully request a response within 30 days outlining steps to address these concerns and advance a lawful, inclusive cannabis industry:

Charl Botha can be contacted at H3 Legal Solutions on charl@h3legal.co.za . 

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