A few years ago, cannabis cultivation in South Africa was in a murky zone. The 2018 Constitutional Court decision in Minister of Justice v Prince decided that adult private cultivation, possession, and use in private spaces couldn’t legally be criminalized. This was something of a watershed moment as it set the stage for rewriting the rules, which we covered last year in this article, Are Cannabis Seeds Legal in South Africa? But a court judgment is not the same as a fully functioning law.
In May 2024, President Cyril Ramaphosa assented to the Cannabis for Private Purposes Act, 2024 (particularly Act 7, “CfPPA”) which formalizes many of those rights. Under this law, adults are confirmed to have the right to cultivate, use, and possess cannabis in a private setting. It also removes cannabis from certain previous drug-trafficking legislation, among other changes.
Crucially though, the Act hasn’t fully come into operation – some of its regulations and implementation details still need proclamation from the President and proper regulatory scaffolding by various government departments, such as the Department of Agriculture, Land Reform and Rural Development and the Department of Health, which are responsible for regulatory oversight and licensing. So as usual, there’s a lot of red tape to unwrap.
When Do You Need A Cannabis Cultivation License in South Africa?
Despite the decriminalization for private growing, if your intentions go beyond your own consumption or a small scale shared among consenting adults, the law steps in. License holders must comply with strict regulatory requirements to cultivate, produce, or distribute cannabis. Here are scenarios in which you need what legally amounts to a cannabis cultivation license in South Africa:
Growing cannabis for medical or research purposes: These uses are tightly regulated by SAHPRA under the Medicines and Related Substances Act, 1965, particularly via Section 22C(1)(b) and related regulations. Cultivation of the cannabis plant for medicinal purposes or medical purposes requires a valid permit and compliance with all regulatory standards.
Cultivating for commercial purposes: Selling, manufacturing, exporting, or even large-scale “industrial hemp” uses will require regulatory approval. A permit from the relevant department is required for any commercial cannabis farming activities. If cannabis is to become part of any medicinal product, or you want to extract cannabinoids, you’ll need SAHPRA licensing and compliance with good manufacturing/good agricultural practices. There is also a growing export market for medicinal cannabis, and commercial cultivation is permitted only under strict licensing.
Applicants may also need to apply to the Director-General of Health for certain permits related to the acquisition, possession, use, or supply of cannabis for medicinal purposes, in addition to SAHPRA requirements.
Applying for a license is not just about filling forms. The application process requires submission of a license application for review by SAHPRA. The review process includes assessment of security, facility standards, and compliance. The regulator will expect proper security, traceability, trained personnel, environmental and agricultural standards, and compliance with guidelines. The official Guideline for Cultivation of Cannabis by SAHPRA lays out these minimum requirements.
Even in medical-use cases, cultivation/licensing without meeting SAHPRA standards or without a valid licence is illegal. Medical practitioners can apply to SAHPRA to prescribe unregistered medicines, including cannabis products, for specific patients under medical supervision. Unregistered medicines, such as certain cannabis products, are subject to strict regulatory controls. SAHPRA has made it clear that operations must satisfy inspection, GACP (Good Agricultural and Collection Practices), as well as other regulatory compliance before cultivation or sale. Certain cannabis products are classified as scheduled substances under the Medicines and Related Substances Act, requiring appropriate licensing and regulatory oversight.
Medicinal cannabis is only accessible to specific patients under medical supervision and with a valid prescription.
Why Private Home Growing Often Isn’t Enough
If you’re growing cannabis purely for your own adult private consumption and you’re growing in a private place, the law gives you space. The Cannabis for Private Purposes Act protects that, once it is fully commenced. However, the word “private” is doing a lot of work here. The law will likely impose limitations: how many plants are there, how visible are they, could children access them, are you dealing (selling or giving away nugs beyond friends or family), etc. Because some of those limits or regulations are not yet finalized, there remains legal uncertainty.
Cultivators who stretch the boundary of “private” risk triggering regulatory or criminal consequences. It’s advisable, then, to know the laws and operate within them.
Types of Cannabis Licenses in South Africa
The cannabis industry in South Africa is tightly regulated, with the South African government taking a structured approach to ensure that cannabis and cannabis-containing substances are handled responsibly. To participate legally in this growing industry, individuals and businesses must obtain the appropriate cannabis licenses from the South African Health Products Regulatory Authority (SAHPRA).
There are several types of cannabis licenses available, each tailored to specific activities within the industry. The most common licenses include:
Cultivation License: This license allows businesses or individuals to legally grow cannabis plants for medicinal, research, or export purposes. Cannabis cultivation licenses In South Africa are essential for anyone looking to produce cannabis on a commercial scale, and they come with strict requirements regarding security, record-keeping, and compliance with health standards.
Manufacture License: If you plan to process or manufacture cannabis-containing substances—such as extracting cannabinoids, producing oils, or creating other cannabis products—you’ll need a manufacturing license. This license ensures that all manufacturing processes meet the health and safety standards set by SAHPRA, protecting both consumers and the integrity of the industry.
Distribution License: For those looking to supply cannabis or cannabis-containing substances to pharmacies, hospitals, or other licensed entities, a distribution license is required. This license is crucial for businesses involved in the supply chain, ensuring that only verified, compliant products reach the market.
Research License: Academic institutions, research organizations, or companies interested in studying cannabis and its related substances need to apply for a research license. This allows for controlled cultivation, testing, and analysis under strict regulatory oversight.
It's not beauraucracy gone mad, though. It's about safeguarding consumers and maintaining standards. Each of these licenses plays a vital role in the legal cannabis industry, helping to ensure that cannabis is produced, manufactured, and distributed safely and responsibly. For South African businesses, securing the right license is not just a legal requirement—it’s a gateway to participating in a highly regulated and potentially lucrative sector. As the industry evolves, staying informed about the latest licensing requirements and processes is essential for anyone looking to manufacture, distribute, or otherwise work with cannabis-containing substances in South Africa.
What Does The Cannabis Cultivation License Process Look Like?
While it’s not quite a ”how to” checklist in manual form, it’s helpful to imagine walking through a successful application for a cannabis cultivation license in South Africa for medical or research cultivation. The path is, as you’d imagine, pretty demanding – but not impossible to walk. The application process involves multiple steps, including documentation, regulatory checks, and compliance with government requirements. Here’s what you should expect:
- Make a formal license application to SAHPRA under the Medicines Act. You’ll have to fill in license application forms (there are official ones published), and submit them along with fees.
- Demonstrate that your cultivation facility meets certain standards: secure location, good agricultural and collection practices, security measures to prevent diversion, personnel qualifications, possibly proof of off-take or supply agreements. Completing all required security checks and documentation is essential as part of the process.
- Then you’ll have to prepare for inspections by SAHPRA regarding ongoing compliance. SAHPRA will review your application and facility standards before issuing a permit. Before license issue, there must be a site inspection, and afterwards there will be audits to confirm standards are being maintained. But there’s also renewal periods – licenses are not one-time forever things; renewals, updating applications, and possibly amendments as your business or cultivation scope changes.
All that means that the cost of application is more than monetary: you also need to consider time, compliance, and institutional readiness (security, staff, infrastructure). Many potential growers underestimate those burdens, and acquiring a license is potentially an arduous process, especially if you haven’t done your homework prior to submitting your application.
What Is Not Yet Legal
It’s good to be clear about what the current law still doesn’t allow, because sometimes it’s easy to misread what has changed.
Retail cannabis sales remain illegal. The law does not currently allow you to open a legal cannabis shop for the general public to buy recreational or wellness dagga products. Retail sales of marijuana for recreational purposes are not permitted under current law.
Commercial cultivation for non-medicinal, recreational purposes is also not yet permitted under the CfPPA. Only medicinal, research, or perhaps regulated hemp/CBD channels have legal cannabis cultivation licenses in South Africa for commercial growing under SAHPRA.
Many of the regulations and thresholds (how much you can grow in private, what counts as “private”, details around hemp, etc.) are not yet fully proclaimed or operational. Some announcements suggest that regulations required to fully implement the CfPPA will be finalized by March 2026. That's good news, as we're not too far away from having more clarity.
What Current Cannabis Laws In South Africa Mean
If you’re someone growing - or thinking of growing cannabis in South Africa - here are some practical reflections based on the current law:
- If your growing is for personal private use and small scale, you’re probably safe (once the CfPPA begins in full). But until all regulations are in place, there’s still some legal risk or confusion.
- If you’re planning something more, like a medicinal product, a research experiment, or any commercial ambition – star your planning now. You are going to require a cannabis cultivation license in South Africa. Acquire land and build secure facilities, set up SOPs, and engage with SAHPRA early. Don’t wait until a license is required and then scramble.
- Carefully watch the proclamations and official Government Gazettes for when specific provisions of the CfPPA are commenced. Those will tell you exactly when private cultivation protections kick in, and what limitations apply.
- Be careful of anyone claiming to have commercial cannabis licenses when the legal infrastructure isn’t there yet. SAHPRA has issued warnings about fraudulent or misrepresented licenses or dispensaries. Always verify the legitimacy of license holders and be cautious of fraudulent claims.
What Needing A Cannabis Cultivation License In South Africa Really Means
So, do you need a cannabis cultivation license in South Africa? The truth is: sometimes yes, usually no – but in most cases beyond a few plants for private use, yes. The 2024 Cannabis for Private Purposes Act has changed the landscape: private home cultivation is legally recognized, subject to regulations which are forthcoming. But commercial, medicinal, research, or large-scale cultivation all require a cannabis cultivation license in South Africa especially through SAHPRA, and compliance with strict standards.
Your best bet is to keep yourself on the right side of the law at all times, read the rules, and abide by them. If you just want to enjoy growing your own cannabis so you can smoke in the comfort of your own home, there’s nothing you need to do. But if you have ambitions of building a cannabis empire, start downloading forms and make sure you’re in compliance by acquring a cannabis cultivation license in South Africa.
