Getting Your Greenback: From Traditional Knowledge to Commercial Cannabis

On 21 September 2026, the Department of Small Business Development issued an RFQ, calling on legal experts to tender in support of the creation of a framework for the recognition, protection and regulated participation of indigenous cannabis growers in South Africa.

Our governance of cannabis is already quite complex with only cultivation and use for private purposes being decriminalised. The concept of an overarching Cannabis Bill for the commercialisation of cannabis and hemp emanates from the government’s National Cannabis Master Plan which is intended to create an industry capable of economic growth and rural development.

The proposed Cannabis Bill of 2027 will therefore likely address commercial processing and manufacturing, including packaged consumer goods, goods for export and licensing of all contributors to the cannabis industry. This legislation will therefore bridge the gap between the existing private use-legislation and the commercialisation of cannabis, possibly including retail sale for recreational purposes.

These policy considerations are already quite complex and controversial and the desire to carve out protection for indigenous growers of cannabis will add another layer of complexity. The commercialisation of the industry, which sees fierce competition and often corporate dominance, is a natural threat to the protection of indigenous knowledge relating to cannabis cultivation and the legal think tank will have their work cut out for them.

There is, of course, protection for indigenous knowledge made possible by, inter alia, the Protection, Promotion, Development and Management of Indigenous Knowledge Act 6 of 2019 and National Environmental Management: Biodiversity Act 10 of 2004 and the legal experts will no doubt consider the provisions of these statutes against the proposed provisions of the Cannabis Bill of 2027.

These developments paint the Cannabis Bill as one of economic inclusion and suggest a harmonised legal framework. We watch with interest to see how the drafters balance the commercial provisions of the proposed bill with the rights and interests of indigenous cannabis growers.