By RQS Editorial Team

South Africa has taken another major stride towards cannabis legalization, known domestically as “dagga”. Private cultivation, use, and possession of the herb were decriminalised in 2018, and a new bill aims to publish legal guidelines to make matters more clear for citizens going forward.

The Cannabis for Private Purposes Bill, drafted back in 2018, was finally dragged from its bureaucratic stasis when it was adopted by the National Assembly—the elected house of parliament in South Africa situated in Cape Town—on November 14th, 2023. The legislation poses guidelines for the formalisation of cannabis legalization. It emerged following a ruling in September 2018 in which the Constitutional Court of South Africa found it unconstitutional for the state to prosecute adults growing, possessing, or using cannabis in private.

Tipos de plantas de marihuana hermafroditas

The courts granted the state 24 months to amend affected legislation, and also granted interim relief for citizens, allowing them to immediately start possessing, using, and growing weed. However, the Cannabis for Private Purposes Bill aims to quantify the maximum amounts that citizens can grow for personal use, without constituting trafficking and commercial operations.

The bill garnered majority support from a range of parties, including the African National Congress, Democratic Alliance, and Inkatha Freedom Party, but faced minority opposition from Freedom Front Plus and Africa Christian Democratic Party.

While this piece of legislation has tilted the scales in favour of liberty for cannabis growers, it by no means changes the legality surrounding commercial operations. Speaking in the National Assembly, MP and member of the Democratic Alliance, Janho Engelbrecht, stated[1]:

“People should bear in mind what this bill is about. It is about cannabis for private use by adults. You are not allowed to buy or sell cannabis, because this still remains a criminal activity with severe consequences. If you want to smoke it, you have to grow it, don’t buy it”.

News surrounding parliamentary approval has certainly aroused hype, but the legislation must first jump through a couple of hoops before domestic growers have any guidelines to adhere to. Next, the National Council of Provinces must concur and pass the bill. Following this, everything hinges on the assent of the president—Matamela Cyril Ramaphosa—and his signing it into law. But matters appear hopeful.

In his 2022 State of the Nation Address, Ramaphosa expressed[2] his idea to make South Africa a part of the multi-billion-dollar hemp and cannabis sector, on the grounds that such a move would help to remedy the country’s ailing economy and create 130,000 jobs. The non-commercial Cannabis for Private Purposes Bill appears as an on-ramp to larger industrial cannabis operations. The bill also calls for the expungement of criminal records for individuals previously convicted of the possession or use of cannabis.

The guidelines that the bill[3] promises certainly came as good news to cannabis growers looking to cultivate in a legal manner. The document opens with a list of changes that the legislation hopes to implement, including:

  • To respect the right to privacy of an adult person concerning the use, possession, and cultivation of cannabis
  • To provide expungement of criminal records of persons convicted of possession and use of cannabis
  • To protect adults and children against the harms of cannabis
Tipos de plantas de marihuana hermafroditas

However, those with little space and no green fingers will continue having to rely on illegally purchasing plant material from black market sources. But they aren’t the only population left in the dark. Despite the initial wave of optimism following parliamentary approval of the bill, it leaves private cultivators in a grey area. The legislation features “contemplated prescribed quantities” that include up to 600g of dried cannabis per person or 1,200g per dwelling, and four flowering plants per person and eight per dwelling. However, these figures are not set in stone, and are to be finalised by the Justice and Correctional Services Minister Ronald Lamola.

The bill also outlines many regulatory boundaries. For example, cultivating more than the prescribed quantity can land growers with either a Class C offence for a minor infraction, a Class B offence for cultivating a “trafficable quantity”, and a Class A offence for growing a “commercial quantity”. Similar consequences are also applied to possession, transport, and consumption in a public place. Class C offences include a fine and imprisonment not exceeding four years, whereas Class A offences are punishable by fines and imprisonment of up to 15 years.

Is Weed Legal in South Africa?

Cannabis growers received the right to grow in private spaces and for personal use back in 2018. Outside of this interim ruling, while cultivators await formal legalization, certain components of cannabis remain highly prohibited in South Africa. The Medicines Act categorises substances from Schedule 1–8, with 8 denoting the most restricted drugs. This legislation distinguishes between THC, which sits in Schedule 7, and CBD, which occupies Schedule 4. All commercial sales of cannabis remain illegal in South Africa. However, a medical programme allows patients to source high-THC cannabis by obtaining a prescription and registering on the IntroCann Portal.

The Underground Cannabis Clubs of Cape Town

The current decriminalisation of the use, possession, and cultivation of cannabis has pried open some loopholes in the law that many weed lovers are more than happy to exploit. Because commercial cannabis operations remain strictly forbidden, consumers can’t rock up to a coffeeshop like those that line the streets of Amsterdam. However, cannabis clubs[4] similar to those in Barcelona have started to spring up in Cape Town.

The membership model that keeps these establishments afloat requires that each member contributes a monthly sum to the club to sustain it. Technically speaking, members are neither buying nor selling weed; they're simply chipping into a group project. Some of these clubs have in-house doctors and take advantage of the legal prescriptions outlined in the Medicines Act by day while serving recreational “customers” in the evenings.

However, lawyers have weighed in on this situation and pointed out their illegality. For one, medical cannabis can only be grown in a facility licensed by the South African Health Products Regulatory Authority (SAHPRA). While the recreational side of the club remains in a grey area, the Cannabis for Private Purposes Bill may bring it to an end by imposing strict limits on the total amount of plants and dried plant material allowed on a single private premises.

Tipos de plantas de marihuana hermafroditas

Are Cannabis Seeds Legal in South Africa?

Adult citizens are allowed to grow cannabis and, therefore, to possess the seeds required to undergo such an activity. Previously, citizens in the country relied heavily on genetics created by seed banks overseas. With current decriminalisation and looming legalization, domestic seed companies are starting to emerge and gain serious traction, including large commercial operations and small artisan breeders.

Royal Queen Seeds, having firmly rooted itself in the South African cannabis scene a few years back, now offers enthusiasts in the region a reliable source for premium seeds through our official reseller, Seeds For Africa.

Dagga Laws in South Africa 2024: What Does the Future Hold?

The future of dagga in South Africa seems bright. However, a dark cloud of obscurity currently obstructs some of those hopeful rays. In some ways, legalization could end up stripping away some of the freedom bestowed by decriminalisation, including limits on cultivation and possession. However, the ability to grow hassle-free puts South Africa leagues ahead of many other countries. Furthermore, the president has hinted that the newly approved bill will serve as a springboard into a potential commercial market. However, commercialisation doesn’t benefit everyone. In the event that a legal industry does unfurl, legacy growers[5] who have established a nascent, albeit illegal, industry, and who depend on the herb for their livelihoods, could be ousted by giant corporate investors.

Disclaimer:
This content is for educational purposes only. The information provided is derived from research gathered from external sources.

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Privacy Policy - Royal Queen Seeds

To ensure a safe online environment and guarantee adequate data protection, we strictly comply with all legal requirements. In this privacy statement, we provide information about how and for what purpose data is collected, safety measures, storage periods and contact details.


COMPANY NAME: SNORKEL SPAIN, SL (hereinafter ROYAL QUEEN SEEDS)

C/ Vilar d'Abdelà, 5 (nave 1) CP: 08170 de Montornès del Vallès

+34 937 379 846

support@royalqueenseeds.com


The present Privacy Policy sets out the terms on which we will treat personal data at ROYAL QUEEN SEEDS; this includes any personal data collected through our website https://www.royalqueenseeds.com/ as well as any other data we process in the course of our business activities.

ROYAL QUEEN SEEDS collects the following personal data for the purposes listed below:

SECTION 1 – PERSONAL INFORMATION WE COLLECT

1.1 Account purchases

Account purchases can only be made if you are in possession of a personal account. When you create an account or purchase something from our shop, as part of the buying and selling process we collect the following personal information that you provide to us:

This information is required for delivery. In addition, when you browse our shop, we automatically receive the Internet Protocol (IP) address of your computer. Based on this information, we can optimise your online experience and at the same time protect our online environment.

Purpose of data collection

We collect and store account-related data for the following purposes:

(a) to carry out obligations arising from any contracts between you and us, and to provide you with information, products and services that you may request from us;

(b) to set up, manage and communicate with you about your account and your orders;

(c) to conduct market research and analysis;

(d) to confirm your age and identity, and to detect and prevent fraud.

1.2 Newsletters

With your explicit permission, we may send you newsletters about our shop, new products and other updates. We send newsletters based on your explicit consent. In the event that you purchase a product, and in accordance with current regulations, we may send you commercial communications in accordance with the legitimate interest of our company, always about products or services similar to those you have purchased or contracted. In any case, you may exercise your right of opposition through the channels announced in this Privacy Policy. The following information is collected in relation to the newsletter:

We do not need to know the sex of the person in order to send the newsletter (data minimisation: by law we must ask for data that is strictly necessary to provide the service, and in this case knowing the sex is not necessary to send the newsletter).

Purpose of data collection

The data collected is used to:

(a) personalise our emails, including your name and gender;

(b) provide gender-specific content.

You can withdraw your consent at any time by using the link provided in the newsletter or the contact information provided in section 2.

1.3 Customer service and contact form

In order to provide appropriate support, our customer service employees have access to information related to the account. Consequently, their support will be highly effective and friendly. The data provided in our contact form is used by our CRM provider, SuperOffice. We will only use your details to respond to your message.

SECTION 2 – LEGITIMATE INTEREST

If you have purchased any of our products, please note that we may process your personal data for promotional purposes, based on Royal Queen Seeds' legitimate interest only to offer you products or services from our company and about products or services similar to those you have purchased. You may exercise your right to opt out of future messages by the means set out in this Privacy Policy or through any notification you receive.

2.1 How do you withdraw consent?

If you change your mind, you can withdraw your consent for us to contact you for the purpose of collecting, using, or disclosing your data at any time by reaching out to us at: support@royalqueenseeds.com.

SECTION 3 – DISCLOSURE

We may disclose your personal information if we are required to do so by law or if you breach our Terms of Service.

SECTION 4 – HOW LONG DO WE KEEP YOUR DATA?

At Royal Queen Seeds, we will not retain your data for longer than is necessary for the purposes described in this Policy. Different retention periods apply for different types of data; however, the longest period we will normally hold any personal data is 10 years.

4.1 Account information

Data relating to the account remains relevant for as long as the consumer is in possession of an account. Therefore, the data remains documented for as long as the account exists. When our customers delete an account, the associated data will be deleted within a reasonable period of time. Requests regarding the inspection or correction of stored personal data or the deletion of an account can be sent to support@royalqueenseeds.com.

4.2 Newsletters

In the event that you give us your consent to inform you about our products or services, we will keep your data until you express your wish not to receive any further communications from us. However, we regularly (every month) carry out a relevance check. Registered customers (and their personal information) will be deleted whenever customers do not reply to our request. In addition, our newsletter mailing has an opt-out feature. Consumers can withdraw their consent by using this opt-out feature.

SECTION 5 – COOKIES

Cookies are small information files that notify your computer of previous interactions with our website. These cookies are stored on your hard drive, not on our website. Essentially, when you use our website, your computer displays its cookies to us, informing our site that you have visited before. This allows our website to function more quickly and remember aspects related to your previous visits (such as your username), making your experience more convenient. At Royal Queen Seeds, we use two types of cookies: functional and analytical.

5.1 Functional Cookies

Functional cookies are used to enhance your online experience. Among other things, these cookies track what is added to your shopping cart. The use of these cookies does not require prior authorization.

5.2 Analytical Cookies

Analytical cookies are used for research and market analysis. The data collected with these analytical cookies is anonymous, making it unusable for third parties. The use of these cookies does not require prior authorization.

SECTION 5 – THIRD-PARTY SERVICES

Third-party services are required to conduct transactions and provide our services. In general, the third-party providers we use will only collect, use and disclose your information to the extent necessary to enable them to perform the services they provide to us.

However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies regarding the information we must provide to them for your transactions.

We encourage you to read the privacy policies of these providers so that you can understand how these providers will handle your personal information.

In particular, certain suppliers may be located or have facilities located in a different jurisdiction than yours or ours. Therefore, if you choose to proceed with a transaction involving the services of a third party, your information may be subject to the laws of the jurisdiction in which that service provider or its facilities are located.

Once you leave our website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or the Terms of Service of our website.

Web analytics service (anonymous data)

On this website we have integrated an element of a web analytics service (with anonymisation functionality). Web analytics can be defined as the gathering, processing and analysis of data about the behaviour of visitors to websites. An analytics service collects, among other things, data about which website a person came from (the so-called referrer), which sub-pages they visited or how often and for how long they visited a sub-page. Web analytics is mainly used for website optimisation and for a cost–benefit analysis of internet advertising.

Courier service

To complete deliveries we use a courier service. This courier service carries out the delivery between our company and the consumer's home. To complete these logistics, the company requires access to the consumer's name and address information.

Mailing service

Royal Queen Seeds uses a third-party mail service provider to send its newsletter. This provider has access to limited account information related to opt-in consent (e.g. email address).

Marketing services

Royal Queen Seeds has the support of a company that specialises in marketing and communication activities. Their access to personal information is very limited and mostly anonymous.

Payment services

At Royal Queen Seeds we use external payment services to handle our transactions (e.g. credit card payments).

SECTION 6 – SECURITY

To protect your personal information, we take reasonable precautions and follow industry standard best practices to ensure that it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored using AES-256 encryption. Although no method of transmission over the internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional industry standards that are commonly accepted. Information related to the account is protected with a hashing method. This method transforms the information into a generated hash. As a result, confidential information is protected and invisible, even to us. In addition, our databases are exceptionally protected against unauthorised access. For example, access to the database is only possible and permitted via approved IP addresses (e.g. from Royal Queen Seeds headquarters). Other attempts and addresses are rejected at all times.

Furthermore, data is anonymised as much as possible, so it cannot be directly linked to a specific consumer. With this data, however, we may be able to carry out market research and analysis. In addition, the third parties concerned (e.g. mailing service) are examined prior to our collaboration, comply with the GDPR from the EU and receive a processing agreement. Within Royal Queen Seeds, employees are assigned different access permissions. Specific permission provides access only to information that is strictly required to perform a task. Digital security measures are subject to change and must meet high requirements to ensure the safety of online customers. That is why, at Royal Queen Seeds, we appoint a security officer. Regular verification and improvement of security measures (where necessary) are part of the role.

SECTION 7 – CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this Privacy Policy at any time, so please check back regularly. Changes and clarifications will be effective immediately upon being published on the Website. If we make substantial changes to this policy, we will notify you here that it has been updated so you will know what information we collect, how we use it and under what circumstances, if any, we use and/or disclose it.

SECTION 8 – YOU HAVE THE RIGHT TO: