WHAT THE LAW SAYS
The Constitutional Court has ruled unambiguously that adults may, for their personal use, use, possess, cultivate and use cannabis in private. The purchase and sale of cannabis remains illegal, unless done in accordance with the Medicines Act.
To be clear, there is currently no permit, licence or other legal mechanism which allows one to buy or sell cannabis for recreational purposes. Cannabis (including seeds) can only be shared freely. This means no quid pro quo. Furthermore, to all those who believe they have cleverly “beaten the law” by selling something like a T-shirt that “comes with free cannabis”, our law caters for such scenarios and such a defence would do little more than bring a smile to a conservative prosecutor’s face.
When it comes to the growth and sale of medicinal cannabis, two legal mechanisms arise from the Medicines Act.
The first of these is the section 22C(1)(b) licence. Section 22C(1)(b)
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