PDF: CANNABIS POLICY REFORM & ORGANIZED CRIME: A model for South Africa  – Published Feb 2024

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This is a year old now but worth a read if you need to mug up on South Africa

CANNABIS POLICY REFORM & ORGANIZED CRIME: A model for South Africa 

Cannabis law and legislation in South Africa.

Jurisdiction on medical use; The medical use of cannabis in South Africa is regulated in terms of the Medicines and Related Substances Act, 1965 (Medicines Act). The Medicines Act categorizes drugs and medicinal substances into eight groups, from schedule 1 to schedule 8, with schedule 8 being the most toxic substances with the highest level of restricted access.

INTRODUCTION The legal regulation of cannabis is undergoing rapid and unprecedented change worldwide. The century-old, ostensible international consensus among lawmakers has begun to buckle under the growing weight of evidence that blanket prohibition is an ineffective tool to control the harms associated with cannabis. One of the many criticisms of the ‘war on drugs’ approach is that its unintended but inevitable consequences include the creation and empowerment of organized crime. A key rationale for this reform is its potential to undermine the power of organized crime.

The argument is that legalization can reduce criminal profits, disrupt the black market, reduce the incentives and conditions that drive drug-related violence, lessen the burden on criminal justice systems and create new economic opportunities. Yet it is also possible that the impact of legalization on organized crime may be limited or even damaging. For instance, if legalization leads to a significant increase in cannabis use, it may create new market opportunities for criminal groups to exploit. While research is proliferating on which of these scenarios is emerging, there is an urgent need for a systematic assessment of how this may work in different contexts. This paper summarizes the history and status of cannabis decriminalization in South Africa, and draws on a review of the available peer-reviewed and grey literature on the impact of cannabis legalization on organized crime to introduce some core organizing concepts. Based on these overarching experiences documented so far in other contexts, it identifies four key sets of variables that determine the impact of legalization on organized crime: the type and degree of restrictiveness of the new regulations; various cultural, socio-economic and political factors; features of the criminal justice system; and the structure and nature of criminal organization in the illegal cannabis market. Reflections are provided on what these suggest about the likely impact of South African cannabis legalization on organized crime, and potential lessons and recommendations are proposed for effective policy reform in South Africa, as well as guidance for similar decision-making in other contexts.

A paradigm shift is needed in the South African context that could significantly promote change and a widespread shift in societal thinking towards prioritizing sustainability and environmental responsibility, that will see us unlocking economical opportunities.

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