Cannabis Bill prohibiting children from getting high now sits with the president

CAPE TOWN - The National Council of Provinces (NCOP) on Tuesday afternoon passed the Cannabis for Private Purposes Bill, which will prohibit children from using, possessing, cultivating or dealing in cannabis.

The bill stems from two Constitutional Court judgments, one allowing adults to possess cannabis and cultivate plants for their private use and the other to protect children from drug use and exposure.

It also allows for the automatic expungement of the criminal records of those convicted on the false presumption that they were dealing in cannabis.

The Cannabis for Private Purposes Bill was introduced in Parliament in 2020 to allow for adults to use the drug in their own personal space.

But it has been tweaked to ensure that adults will still face consequences for exposing children to the drug, or a non-consenting adult.

Chairperson of the select committee on Security and Justice Shahidabibi Shaikh said, "the legalisation of cannabis for personal use, gives effect to the adults right to privacy. The bill does however not give children the right to use or possess cannabis."

"Children who act in contravention of the bill by possessing, using or cultivating plants, will by agreement with the justice department be dealt with outside of the criminal justice system."

While the EFF has supported the bill, it says it fears older people living in rural areas could be criminalised for sourcing cannabis.

The ANC has also supported the bill, saying children must be protected from drug use.

The bill will now be sent to the president for assent.