The CannaClub (TCC), based in the Western Cape’s Garden Route, has a proven track record in developing a responsible, constitutionally grounded cannabis club model with over a decade of experience and 4,000 registered members.

It’s co-founder Herman van der Watt is now urging government to provide “clear regulatory guidelines to enable cannabis clubs to operate legally, safely, and inclusively”.

Currently there is a legal vacuum around cannabis regulations in South Africa. In a peculiarly South African twist, private cannabis clubs are neither legal nor illegal. The National Prosecuting Authority has long been promising to release guidelines to regulate this sector but to date nothing has been put on the table.

Van der Watt says Government doesn’t even need to conceptualize a private club framework. It’s already been done for them.

He says TCC’s structure is based on the internationally respected ENCOD model—a ‘non-profit, community-based framework that emphasizes responsible cannabis use, education, and collective cultivation’.

“We believe the private club model offers a practical and lawful way for South Africans to exercise their constitutional rights to cultivate and consume cannabis in private,” says van der Watt.

“But we need government to provide legal clarity—especially around cultivation rights, transport, and compliance.”

ENCOD-based Cannabis Social Clubs (CSCs), which have been successful in Spain, Belgium, and the Netherlands, operate on the principle of collective, non-profit cultivation.

Members pool resources to grow and share cannabis for personal use within a private association. These clubs prioritize health, harm reduction, education, and transparency, and reinvest surplus funds into the club or social causes.

Members pool resources to grow and share cannabis for personal use within a private association. These clubs prioritize health, harm reduction, education, and transparency, and reinvest surplus funds into the club or social causes.

Van der Watt says TCC follows a similarly principled structure. Membership is open only to consenting adults who join in person, sign a constitutionally compliant agreement, and participate in a transparent and educational cultivation system.

He explains: “The club neither buys nor sells cannabis; instead, members jointly cultivate the plant for private consumption — the club appoints service providers to cultivate, process, package & process the collective Stokvel produce as according to their club constitution which defines reimbursement fees.

“Our mission has always been to medicate, educate, inspire, and empower—especially in a way that uplifts historically marginalized communities,” he says. “We believe our model can be a pilot for responsible, inclusive cannabis access.”

In the absence of clear regulations, van der Watt says that private clubs like TCC continue to push the ‘best practice’ envelope which seems to have earned the respect of local law enforcement authorities. In January 2023, for instance, the local SAPS conducted a rural safety inspection of TCC, during which the club submitted a full activity report. Since then, the relationship with law enforcement has been “cooperative and respectful”.

“We understand SAPS officers are navigating legal ambiguity, just like we are” says van der Watt. “Our approach has always been one of openness, not confrontation.”

Van der Watt also acknowledges the broader cannabis club community across South Africa, saying: “There are hundreds—if not thousands—of cannabis social clubs operating nationwide, each with varying degrees of structure and ethicacy. Yet many of them share a common goal: to create safe, community-driven spaces for responsible cannabis use.

A large number of these clubs also invest in their communities and contribute to local economies. However, in the absence of legal clarity, they operate under constant risk. These clubs are not seeking to defy the law—they simply want a regulatory framework that allows them to function openly, transparently, and in line with the Constitution.”

TCC envisions integrating legacy growers, including members of the Knysna Rastafari community, who possess deep ancestral knowledge of the cannabis plant. However, regulatory gaps—particularly around the legal transport of cannabis—remain a major hurdle.

“We have not yet incorporated community-grown cannabis into our structure, but we are actively working toward this goal. We strongly believe every club in South Africa should have representation of local legacy growers such as the Khoi San, Rastafari & Mpondo,” says van der Watt.

Van der Watt believes their experience, constitutional alignment, and community-first approach can inform national policy.

“We are not trying to evade the law—we’re trying to build a responsible system within it. What we need now is regulatory guidance that supports inclusive, safe cannabis access for all South Africans.”

He concludes: “The CannaClub is calling on government, lawmakers, and civil society to engage with the CSC model, recognize its legal and social value, and create a regulated path forward that honours South Africa’s unique cultural, constitutional, and community landscape”.

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