Since the publication of the new Cannabis for Private Purposes Bill, both the South African National Defence Force (SANDF) and the Western Cape government have voiced their reservations.

The bill seeks to decriminalize the private use of cannabis by adults. The concerns were brought to light on Thursday during the deliberations of the select committee on security and justice, which reviewed public submissions on the matter.

The National Council of Provinces received a substantial 46 written submissions in December when the bill was open for public commentary until last Friday. This legislative move is in response to a Constitutional Court ruling in 2018, which declared the Drugs and Drug Trafficking Act unconstitutional for criminalizing the private use or possession of cannabis by adults.

Deputy Justice Minister John Jeffery explained that the bill aims to comprehensively decriminalize cannabis by removing it from the ambit of the Drugs and Trafficking Act. However, a notable concern raised in the submissions pertains to the absence of explicit provisions for the cultivation of cannabis in the proposed law.

Jeffery clarified that the bill permits cultivation, with the Minister of Justice empowered to determine the allowable number of plants. This clarification seeks to address concerns that arose from public submissions, particularly regarding the cultivation aspect of the proposed legislation.

The SANDF expressed significant apprehension, emphasizing the increased risks associated with allowing members to use cannabis privately while on active duty. The Defence Force argued that the Constitutional Court ruling did not provide clarity on the cultivation, possession, or private use of cannabis. Moreover, concerns were raised about live-in quarters on SANDF premises, potentially constituting private spaces for members.

Contrary to SANDF's stance, the Department of Justice asserted that it would be unconstitutional for the SANDF to prohibit its members from using cannabis in their private spaces. The bill, according to the department, applies uniformly to all citizens, including active-duty SANDF members, while explicitly forbidding cannabis use while on duty.

Meanwhile, the Western Cape government questioned the bill's provision allowing adults to possess but not use cannabis in public. They sought clarification on whether adults should conceal cannabis from public view, especially in places like schools.

The Department of Justice responded, citing the Prince judgment, stating that the legislation permits private possession of cannabis for private purposes, with a requirement for concealment from the public.

Public submissions showcased a range of opinions, from concerns about potential negative societal impacts to arguments in favor of job creation and economic growth through a regulated cannabis industry. One submission highlighted the transformative potential of legalizing and regulating cannabis, envisioning it as a driver of job creation and a legitimate sector contributing to various aspects of the supply chain.

As parliamentary deliberations continue, the debate over the cannabis decriminalization bill remains multifaceted, reflecting a spectrum of opinions on its potential societal, economic, and legal implications.

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