The law firm of choice for internationally focused companies

+263 242 744 677

admin@tsazim.com

4 Gunhill Avenue,

Harare, Zimbabwe

Cannabis boom in South Africa and Zimbabwe is good for wealthy investors, bad for small farmers


Simon
Howell
,


University
of
Cape
Town

and

Clemence
Rusenga

Cannabis
is
booming
as
an
ingredient
in
everything
from

supplementary
oils
,
inflammation-reducing

skin
creams
,
lip
balms
to

health
drinks

and
gummy
sweets
that
promise
to
reduce
anxiety
and
pain
and
promote
relaxation.

The
global
legal
cannabis
market
is
today

worth
about

US$69.78
billion,
and
this
will
skyrocket
to

US$216.76
billion
by
2033
.

But
is
this
boom
benefiting
indigenous
cannabis
farmers
in
southern
Africa?
They’d
been
growing
the
plant
for
hundreds
of
years
before
colonial
authorities
criminalised
it
in
the
early
1900s.
Rural
people
continued
to
grow
it
illicitly
after
that,
relying
on
its
medicinal
properties.

For
many
rural
households
in
southern
Africa
today,
cannabis
pays
for
the
family’s
food,

education,

and
other
necessities.

In
South
Africa,
cannabis
was

prohibited

under
different
laws
since

1928
.
In
neighbouring
Zimbabwe,
the

Dangerous
Drugs
Act

criminalised
cannabis
in
1955,
and
this
continued
after
independence.

But
in
2018,
this
changed.
South
Africa’s
Constitutional
Court

decriminalised

private
use
and
limited
private
cultivation
for
personal
consumption,
while
Zimbabwe

regulated

the
cultivation
of
cannabis
for
medicinal
and
industrial
purposes.

We
are
social
scientists
who
research
cannabis
and
development
in
Africa.
We
interviewed
a
wide
range
of
people,
from
political
leaders
to
illicit
growers
to
cannabis
lobbyists
and
non-governmental
organisations
to
technical
people
involved
in
the
industry,
such
as
greenhouse
installers.
We
wanted
to

uncover

the
challenges
small-scale
cannabis
farmers
faced
after
cannabis
was
decriminalised.

Our
research

found

that
cannabis
reform
has
continued
old
patterns
of
unfairness.
For
example,
we
found
that
medicinal
cannabis
production
is
currently
an
exclusive
business
which
only
well
off
businesses
can
participate
in.
Farmers
who
traditionally
cultivated
cannabis
and
sold
it
when
it
was
still
illegal
have
not
been
included
in
the
new
cannabis
industry.

If
these
problems
are
not
solved,
the
potential
of
cannabis
to
be
a
tool
for
development
in
Zimbabwe
and
South
Africa
will
remain
unfulfilled.

South
Africa:
privacy,
rights
and
the
slow
turn
to
reform

South
Africa’s
move
towards
legalisation
was
not
triggered
by
the
government
but
by
the
courts.
The
2018
Constitutional
Court
ruling

found
that

criminalising
private
cannabis
use
violated
the
constitutional
right
to
privacy.
The
state
couldn’t
show
a
good
enough
reason
to
interfere
with
adults
doing
private
things
like
smoking
cannabis
by
consent,
as
long
as
no
one
else
was
being
harmed.

This
decision
created
a
ripple
effect.
It
ignited
public
debate
about
personal
freedoms.
It
also
sparked
discussion
about
whether
cannabis
could
help
redress
historical
injustices,
create
jobs,
and
boost
economies
in
rural
areas
where
the
plant
has
long
been
cultivated.

Since
then,
however,
reform
has
been
slow
and
uneven.
The
government
passed
the

Cannabis
for
Private
Purposes
Act
in
2024
.
This
sets
out
the
amounts
of
cannabis
that
individuals
can
possess
and
grow.
However,
most
commercial
trade
is
in
the
tightly
regulated
medical
and
hemp
sectors
(hemp
being

Cannabis
sativa

with
very
low
levels
of
THC,
the
active
psychoactive
cannabanoid).
Trade
in
cannabis
outside
these
sectors
is
mainly
prohibited.

Also,
small-scale
farmers

many
of
whom
have
cultivated
cannabis
for
generations

face
high
barriers
to
entering
the
legal
market.
To
set
up
a
medicinal
cannabis
business
in
South
Africa
needs
a

licence

from
the
health
products
regulatory
authority.
The
cannabis
farm
has
to
meet
high
quality
standards,
and
comply
with
strict
manufacturing
and
agricultural
practices.
Cannabis
farms
are
also
inspected
regularly.

Medicinal
cannabis
businesses

estimate

that
R3
million
to
R5
million
(US$173,000
to
US$289,000)
is
needed
to
start
a
farm.
This
high
cost
sidelines
the
very
communities
that
kept
the
cannabis
industry
going
when
the
plant
was
banned.

Zimbabwe:
cannabis
as
a
cash
crop

Zimbabwe’s
reform
took
a
different
route.
The
government
legalised
cannabis
cultivation
in
2018,
but
only
for
medicinal
and
industrial
purposes.
Recreational
use
remains
illegal.

The
government’s
motivation
was
for
cannabis
to
complement
tobacco
as
an
important
cash
crop.
Officials
projected
a

billion-dollar
industry

geared
mainly
towards
exporting
cannabis.

In
practice,
though,
only
wealthy
investors
can
afford
to
set
up
cannabis
export
businesses.
For
example,
a
five-year
medicinal
cannabis

licence
costs

US$50,000.
On
top
of
that,
cannabis
farmers
must
pay

substantial
annual

inspection
fees
and
licence
renewal
fees.

Our
research
also
found
that
the
cost
of
greenhouses
prevents
small-scale
farmers
from
starting
cannabis
businesses.
Medicinal
cannabis
farmers
are
required
to
use
greenhouses
to
control
temperatures,
humidity,
pests
and
contamination.
A
greenhouse
installer
we
interviewed
said
one
of
their
cheaper
versions
cost
US$220,000
for
a
five-hectare
plot.

Unsurprisingly,
the
main
people
who
have
benefited
from
cannabis
law
reform
have
been
established
local
business
people
and

foreign
investors
.
Small-scale
cannabis
farmers

the
backbone
of
Zimbabwe’s
cannabis
trade
for
decades

remain
excluded.
Many
continue
to

grow
it
illicitly
.
This
sustains
domestic
illegal
markets
and
means
these
small
farmers
don’t
benefit
from
the
promised
green
gold.

In
both
countries,
corporate
capture
of
the
cannabis
industry
is
looming.
Well-capitalised
companies,
often
with
international
backing,
are
able
to
afford
the
costs
of
meeting
regulatory
standards.
They
also
have
the
funds
to
sell
cannabis
on
the
export
market.
If
the
cannabis
industry
is
taken
over
by
corporations,
profits
will
be
concentrated
in
a
narrow
elite
rather
than
growers
on
the
ground.

Both
countries
are
also
struggling
with
the
contradiction
between
reforming
cannabis
laws
and
international
drug
controls
which
still
classify
cannabis
as
a
prohibited
substance.
This
complicates
efforts
to
develop
export
markets
and
creates
uncertainty
for
investors.

Why
inclusion
matters

Excluding
smallholder
farmers
who’ve
farmed
cannabis
for
decades
perpetuates
inequality.
It
also
undermines
the
sustainability
of
reform,
because
illicit
markets
will
continue
to
thrive
if
ordinary
cultivators
see
no
benefit
in
moving
to
the
legal
sector.
More
inclusive
models
are
possible.
These
could
include
tiered
licensing
systems
with
lower
fees
for
small-scale
farmers.

Cannabis
producer
co-operatives
can
also
enable
their
participation,
as
is
the
case

in
Morocco
.

Communities
and
commercial
investors
should
partner
to
strengthen
one
another.
They
can
form
joint
ventures
where
communities
provide
labour
and
knowledge
of
local
climatic
conditions
and
cannabis
varieties
while
investors
provide
funds
and
ensure
regulatory
compliance.

These
ventures
would
recognise
the
contribution
of
traditional
cultivators
while
still
ensuring
cannabis
quality
and
safety
in
the
legal
market.

The
next
phase
of
reform
in
both
countries
must
focus
on
including
small-scale
farmers.
Laws
must
be
passed
to
balance
the
commercial
opportunities
that
come
from
selling
cannabis
with
the
rights
and
livelihoods
of
small-scale
cultivators.


Simon
Howell
,
Senior
research
associate,
Centre
of
Criminology,


University
of
Cape
Town

and

Clemence
Rusenga
,
Teaching
Associate,
School
of
Social
Sciences,
Cardiff
University

This
article
is
republished
from

The
Conversation

under
a
Creative
Commons
license.
Read
the

original
article
.