September marks the beginning of a new era in South Africa. Kwanda Mtetwa, a motorcyclist, received the country’s first legal medical cannabis prescription. Mtetwa was in a severe motorcycle accident in 2011 and has been living with severe pain ever since. He began to look for a safer and more effective way to handle his chronic pain, so he started growing his own cannabis. While this may not seem extreme, growing cannabis is almost unheard of in South Africa.

“The process is not easy… Did not think it would be possible in my lifetime,” Mtetwa told local news channel eNCA. “I was issued my Section 21 letter of approval and my medical card. This basically makes me legal, I can carry cannabis on me.”

Now, Mtetwa can carry medical cannabis and consume it whenever he needs to. However, even though Mtetwa was about to get a license, not many people know it’s an option, including doctors. “There are not many doctors that know about prescribing medical marijuana cannabis. I did have to do some research, the doctor needed to confirm my need for the medicine and the different options available,” Mtetwa concluded.

History

The confusion could come from, in part, how the Constitutional Court of South Africa has handled previous cases. In 2018, the court practically decriminalized cannabis. The court said that the criminalization of cannabis consumption and growth by an individual in their private life is unconstitutional. This opened up cannabis growth for adults, who could now grow and smoke their own cannabis in their private homes. However, they can’t share any cannabis they grow with anyone. That is illegal. 

But medical cannabis wasn’t necessarily available, even though recreational cannabis was. Cannabis is classified as a Schedule 7 drug in South Africa, meaning it has no legitimate medical use. Other cannabinoids, like CBD, are classified as Schedule 4 substances. They are legal if prescribed by a physician. To legally carry medical cannabis, permits are required. 

These permits are part of the Medicines Act. People can acquire, use, and possess cannabis for medical use IF they have a permit from a medical practitioner. And a qualifying medical cannabis condition depends on the presiding physician. As long as they say the patient could benefit from medical cannabis, then a patient can receive a permit. 

Kwanda Mtetwa is the first person to receive this new medical cannabis card and is now advocating for others to apply. South Africa is one of a few countries in Africa who have legalized cannabis use. With positive results and economic boon, more countries may join and help create a prosperous situation for the continent. 

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