
This article about opening a Cannabis retail store was originally published on 16 Oct 2019 and was updated on 16 June 2020.
It is nearly two years after the Constitutional Court decriminalised the possession, cultivation and consumption of Cannabis in private. When we left the courtroom on 18 September 2018, we thought that by now, there would be clearer guidelines on the role of Cannabis in the commercial sector. Instead, we saw all sorts of interpretations in the name of “loopholes” and lots of people eager to make money from the plant. Various types of Cannabis Retails Stores have been popping up and we still receive questions about it almost every day. Although our Full Spectrum Model in our Manifesto tries to attain equal rights and access to Cannabis for ALL, the reality is still that there is no legal way to open a Cannabis retail store. Charl Henning, our Stop The Cops project manager, explains in this article why this is not possible.
Here at Fields Of Green For ALL we get phone calls and emails EVERY DAY from folks wanting to obtain permission to trade in Cannabis / open a Cannabis Retail Store.
We have very clear answers in our FAQ.
By now, most of us in South Africa are aware of the 18 September 2018 Cannabis privacy judgement.
Let’s look at the judgement: “If this Court were to confirm the order declaring invalid provisions that prohibit the purchase of Cannabis, it would, in effect, be sanctioning dealing in Cannabis. This the Court cannot do. Dealing in Cannabis is a serious problem in this country and the prohibition of dealing in Cannabis is a justifiable limitation of the right to privacy. I will, therefore, not confirm that part of the order of the High Court because we have no intention of decriminalising dealing in Cannabis.”
and
“Section 21(1)(a)(i) of the Drugs Act presumes that a person possessing more than 115 grams of cannabis is dealing. The provision has, however as noted, been declared unconstitutional in S v Bhulwana; S v Gwadiso 1996 (1) SA 388 (CC). “
The judgement is not all moonlight and roses. The Constitutional Court is not mandated to deal with the issues that are so close to our hearts as civil society – everything from best practice in drug policy to sustainable development is yet to be dealt with by parliament and the legislature.
It is clear that any trade in Cannabis in South Africa remains prohibited.
It is also important to note that, despite the SAPS operating otherwise, the part of the law that says that more than 115 grams constitutes dealing HAS BEEN DECLARED UNCONSTITUTIONAL. This does NOT mean we can trade, it means that trade (dealing) cannot be assumed because of quantity. We can therefore grow as much as we want, as long as we do not sell it.
The sale of CBD is, however, allowed with certain conditions and this has resulted in several CBD stores opening in South Africa. They cannot sell Cannabis, only CBD and this is like selling grape juice instead of wine. Due to non-existent regulation, the majority of CBD products on sale legally in South Africa may not contain what it says on the label and products are also not allowed to make any medical claims. We have written extensively about the ongoing unscientific, opportunistic guidelines for the trade in CBD issued by SAHPRA.
So how do I sell Cannabis? The short of it is that you cannot open a Cannabis retail store in South Africa. YET.
We need to wrap our minds around this, and think carefully now: Our human right to provide a plant to those that cannot acquire it through growing it has been violated. The reality is that prohibition kills, and the government has blood on its hands. We should be upset by this! What can we do next? We believe that good people disobey bad laws so civil disobedience comes into play. We prefer to call it PRINCIPLED NON-COMPLIANCE. We can act within the limitations set by the privacy judgement and our best bet right now is to use this constitutional right in the safest possible way. The best form of principled non-compliance is to look at the Dagga Private Club idea. This is MUCH less risky, both financially and in terms of the cops rocking up at your door, than opening a Pick n Blaze next to the nearest Clicks.

The Traditional Healers Act of 2007 clearly excludes Cannabis from traditional medicine. The 1992 Drugs & Drugs Trafficking Act specifically describes Cannabis as a “dangerous, dependence producing substance.”
Currently we have no legislation or policy in place to allow South Africa to trade in Cannabis. However some beg to differ and they are still doing so even while being submerged in hot water. Look no further than the Canapax franchise scheme that is all over the news. Canapax have sold dozens of “franchises” for something like R25000 a pop and claim that franchisees can trade under a traditional healers licence. However, the Traditional Healers Act of 2007 prohibits dealing in dagga / trade in Cannabis. To say that traditional healers can trade is not a loophole, it’s an outright lie. There are a number of Canapax “franchisees” who have been arrested and are going through the courts at the moment. We know this because our associate attorneys are helping them.
Canapax’s “spin doctor” vibes were a hot topic on The #Hotboxshow recently – Episodes 70 and 71 (click to watch).
Ideally, Cannabis and the police should be kept as far away from each other as possible. This is a vital part of cleansing our society of the dogma, stigma and superstition created by 100 years of Cannabis prohibition. We know that we do not live in an ideal world but Fields of Green for ALL will do all that we can to stop the ongoing arrests.
So why are there Cannabis retail stores trading in South Africa if there are no official policy to allow it? The only explanations we have to offer are that either the police are confused and believing the shop owners’ spin OR there are (maybe) a few “cooldrinks” involved OR the police in the areas where the shops are operating are actually busy with real police work OR the shop owners are really clever OR the shop owners are really lucky. Take your pick. Is it just a matter of days until the Hawks fly past?
Opening a Cannabis retail store is VERY risky. Don’t be stupid – there are many, many ways to become involved in the Cannabis business without taking such huge, expensive risks.
Be safe, Know Your Rights.
Join this ongoing conversation at The Green Network (for only R49pm donation!)

I just need to apply for certification for CBD so can sell weed
Sorry, Im not sure what you mean ? Trade is illegal still in SA sadly. In terms of CBD, products can contain no more than 600mg per pack or 20mg per daily dose of CBD.
[…] organisations believe the Traditional Healers Act of 2007 excludes Cannabis from traditional medicine. The 1992 Drugs & Drugs Trafficking Act specifically describes Cannabis, although it is clearly […]
Hi There, there seems to be text missing from your comment.
Thanks for the article, I have came across a few businesses describing themselves as “boutique THC Medical dispensary”, and it requires to hold a medical card obtained from a doctor.
So my question is, how are they operating? Under the SAPHRA 21C License or the Section 22C?, is this seen as importing the product only?
HI There, So this is pretty loaded. Short answer is there is no licence to trade in SA it is illegal. Section 21 is for unregistered medicines and was never designed for cannabis. Its been around for over 21 years and is for those who cannot get certain medications in SA (stem cell, Chemo etc) This is to be done with your registered doctor and applied through Saphra and is valid for 6 monthly only. Your doctor will then prescribe your cannabis medicine which is then imported (we dont have local registred cannabis meds yet) and dispensed by a registered pharmacist. We do not have recognised ”medical cards” in SA either. However we do have ignorant cops who dont know any better. This system is being abused. A section 21 is patient specific as well ( I have seen a few places using there sect 21 paper as a guize to trade) Again cops just dont know any better. Theres a bit more info here https://www.fieldsofgreenforall.org.za/health-uses-2/
Hi there, I want to start creating CBD gummies to sell on a retail platform but I need them moulded according to what I would like. Where do I find businesses that offer these services? I’m struggling to find any info on it.
Who can i contact regarding help to open a club
Please read all our info on clubs here https://www.fieldsofgreenforall.org.za/dagga-private-clubs/
You can either help yourself (by registering a non-profit and getting a good accountant and following all the guidelines we provide), or join a group like GOA to hold your hand.
Hi, not sure if this has previously been asked but i am a wellness counsellor who is able to sell supportive medicine/ tinctures. I would like assistance relating to cbd products and how to go about selling online or retail. I belong to a professional body that regulates my scope of practice
Hi There, CBD trade is legal provided it is CBD only and under 20mg doses. Be wary of the current CBD+ / CBD full spectrum products available atm. Unfortuantly this is causing alot of issues with dosing & unsuspecting people consuming THC without realising the product is medicated. Trade in THC is stll considered illegal.
I would like to invest in a medical dispensary and I think we could collaborate and start a successful bespoke experience to clients. Let me know so we can discuss a business case and see if it will be feasible.
HI there, You can only obtain legal Cannabis medicine through your doctor and a section 21 application through SAPHRA. Dispensaries are an american concept and we do not have ”legal” dispensaries in SA sadly.
Hi guys I have been selling since 2009 in the street now is the time to get a license but is not easy to get a license for dagga if you’re black plz help me guys
Hi Sidwell. Please see the question about lisenses in our FAQ. We are fighting for a regulative model that does not require lisensing of any kind. We must have legal trade and for this the last apartheid law (1992 drugs and drug trafficking act) needs to fall.
Its not cus u BLACK its hard in general not because of ur skin colour the ppl readin n the ppl who get to deside if u approve ur license r black so how does it become a thing. “becausr u black” ey ppl should get over there skin colour dudr
Hi guys
I have a big femal cannabis tree growing in my back yard and it’s in its 3week of flowering. It’s going to produce more weed than I anticipated and would like to know is there a place (legal) that I can sell or “request a donation on” for the excess that I would never be able to smoke by myself? It is an outdoor plant that I started in my greenhouse and it started to outgrow the ghouse. I successfully transplanted it into very fertile ground and took off like a rocket. I suspect it will have round about 900g to 1kg of weed buds. How strong I don’t know but to mutch for me.
Hello There, Unfortuantly Trade is illegal still. Our best advice would be to gift it to your friends or cure it nicely with bovedas for the upcoming months for your personal smoke.
Yho bro I’m willing to take them
I’ve got a small garden of dagga, can you buy it or need a license
Trade in Dagga is still illegal according to the Drugs act. There is no such thing as a license to trade. Sahpra licenses require a massive investment and does not give permission to trade. Please see the question regarding licenses in our FAQ https://www.fieldsofgreenforall.org.za/faq/
Hi I want to open an edible shop that sells cookies and sweets how do I apply for it
You cannot sell any Cannabis in this way except for imported CBD and hemp. Despite seeing others risk it, I would advise you rather start an edible Cannabis Club. See our FAQ for details.
A cannabis coffee shop with a menu cupckes space cakes etc
Hi there ,I’m also looking to open one in Sasolburg
Hi please assist me with how to legally open a cannabis store in Limpopo(Phalaborwa)
HI There, Currently there is no legal Trade in South Africa. Current Private clubs are working within a grey area. We have a fe blogs available on the wesite. You can use the search button. Search ”Dagga Private Clubs”
Hi There, Currently there is no legal Trade in South Africa. Current Private clubs are working within a grey area. We have a few blogs available on the website. You can use the search button. Search ”Dagga Private Clubs”
Hello if I wanna open a smoking zone for weed is it allowed? And if yes what. I supposed to do
You can find what you need at these posts: https://www.fieldsofgreenforall.org.za/?s=dagga+private+clubs
Good day l would like to open a cannabis store in Sunninghill Johannesburg
Hi Please assist me with how to legally open a cannabis health store in Durban
Hi Please assist me with how to legally open a cannabis health store in Vryburg North West
Hi There, Currently there is no legal Trade in South Africa. Current Private clubs are working within a grey area. We have a few blogs available on the website. You can use the search button. Search ”Dagga Private Clubs”
OM SAI RAM
Hi There,
I am looking to open a cannabis store in Pretoria.
you may hate the sentiment but someone with a political connection, who knows how to bribe and does this explicitly to make it more common to trade retail so-as that it follows the practice will become less negative
I’m a young ghetto girl but with high IQ level and all my life I’ve been trying to open my cannabis shop like cool runnings in Durban it’s so awesome very Rastafarian place to be especially on Thursdays
I want to open a cannabis retail store in South Africa
I read a news article that more states in the USA is legalizing cannabis for personal use and medical patients alike. South Africa’s bad laws against cannabis is starting to look a little ridiculous now. I think the license model is not as bad as it seems. This will help in the reduction of street cannabis do be reduced, which may be of a poor quality and/or mixed with other dangerous drugs like LSD or something worse. In taxing the sale of cannabis schools could be built and the medical institutions and other areas could benefit from this money. Colorado had a tax from cannabis figure of $2 Billion in one year. I do think that this is the way to go for the cannabis community to give back to their community.
The problem with licences is that it gives some permission while others are denied. FOR NO REASON AT ALL. Cannabis is safe and does not require this type of regulation. You can’t give some people something and others not. That is not Fields Of Green For All.
We do NOT support licensing as a way forward. The reasons for this is made very clear in various articles and blogposts that we have published on the subject. There is also a well written article on South Africa’s fake Cannabis licences by The High Co that you can access from the licence question in our FAQ https://www.fieldsofgreenforall.org.za/cannabis-faq/ Licenses will lead to corruption and confusion (as we have seen recently in several countries such as Botswana that tried to implement license systems) and will not enable all South Africans a fair share in a legal future.
So if I have a restaurant. And I sell a steak. And offer n Free Thc infused garlic butter from my own private stock that you can put on the steak. Is that illegal?
Technically, yes, it is illegal. It is called “making fun of the law” (latin = ludite legis) that prohibits trade in Cannabis. You could risk it but it is the oldest trick in the book!
Good Day
I would like to open up a retail store. Please can you provide me with some advise on how i can go about getting a license.
Doesn
t look like you read the article all the way to the end!
Is there any legal remifications, license or regulation that I will face if I open a CBD based edibles shop. Other then the health department regulations on HSE?
Hi There,
Thank you for your comment. If you are purely doing CDB and using good business practices you should be fine. Trade in any THC is illegal. Check out our blogs for more info!
Please help me understand how the 420 Cafe in JHB are operating?
I am not aware of how they operate, or where their club model is from, but why don’t you contact them directly and ask them?
What if I open a coffee shop and give some free weed with every cup of coffee sold. Basically I will sell you coffee and instead of giving you a shortbread biscuit you can get a bankie of weed.
If it was that easy don’t you think everybody would be doing it?
Hi
I want to start a Cannabis business, how do I apply for a license to sell it and to make products from it?
Zane. Currently the sale of cannabis is illegal in South Africa. Licences are not a way forward for South Africa and it’s people. Please refer to our FAQ regarding licences https://www.fieldsofgreenforall.org.za/faq/
Maybe you should read the post?
Really a great piece of information on opening a cannabis retail store in South Africa. It was a great read.
Thank you.
What does this mean with the new State of the nation address and the president now issuing license to grow and sell Mariana in and around South Africa.
The State of the Nation address said nothing about issuing licenses. SONA changes NOTHING.
Hi Everyone,
Great read. All products should have a batch number and the certificate of analysis for that batch must be readily available.
I would like to know how The Haze Club in Cape Town is holding up with their angle of leasing out space to grow weed for it’s customers.
Hi Everyone, thank you for an interesting blog. I would never buy medical cannabis from anyone or any company unless they can show me a certificate of analysis. How can you treat any illness if you do not know what is in your medicine. Know the Cbd to Thc and you need to know the terpenes. I grow my own, each of my plants (different strains) the flowers and the oil concentrate gets sent away for analysis. I know everything about each of my plants. When I or any of my friends or family get sick, I know what plants I’m going to reach out for. Cannabis is here to heal us. Love and respect your plants.
Just for interest sake
How many plants are you allowed on your private property
Hi. Here’s our detailed blog about how many cannabis plants you can grow.
https://www.fieldsofgreenforall.org.za/good-day-how-much-weed-can-i-grow/
As you’ve mentioned, trade is illegal. The private club route is a potential.
As a hypothetical, what impact do you think it would have on the entire system if someone just made weed available free of charge? With some checks for age etc.
So no exchange of money at all, not even for some imaginary club. Just free weed; considering the yield of just one plant is sometimes more than enough for an individual.
Or even just seeds, since they contain no THC.
Charles I think the lapdogmatics, prohibitionists and fearmongers that believe their own reefer madness would be surprised because the sky won’t fall. Not everyone likes weed, and science has shown that when it becomes legit (widely available without risk), public use does not fluctuate that much. In fact, studies have shown that teen use dropped in legal states. Sure some new folks will try it out, but if weed was free and everywhere, stoners will be very happy and there will probably often be a queue at the free dispensary, but I don’t think it will have the same result as free alcohol would for example. Cannabis does not make you lose control over your intake like alcohol does. In reality it’s quite amusing how they (policy makers that have no personal experience or understanding of cannabis) regulate such a safe plant as if it’s radioactive. These pointless over regulations will diminish over time until dagga is 100% re-integrated into society.
Hey Charl
Thanks for the article, was very insightful. With regards to your closing sentence, I was wondering if you could perhaps provide me with info on how to go about opening a “legal” cannabis business (if there is such a thing). Especially if you are a registered Alternative Medicine Practitioner
Charne. You cannot sell anything with active THC levels in a shop yet. Not even if you are a traditional healer, but as long as you have no THC products, you should be safe and within the law. There are many shops that sell everything surrounding dagga, except for THC containing products. Like I said, until legislation allows otherwise, it’s like peddling grape juice to folks that are curious about getting drunk.
Great article, Charl.
You are right, principled non compliance is the way to go. Thanks for the snot klap wake up call. I chat to random people every day about cannabis decriminalization etc, and the misconceptions out there, are crazy and unbelievable. (I wish everyone would read these blogposts and your docs, to get up to speed before spouting nonsense! ) Thanks for setting things straight and well done to the people who carry on regardless. They are brave.. Battles have been won, but the war is far, far from over.
Hannes we offer a full spectrum oil test in our shop https://www.fieldsofgreenforall.org.za/shop/
Maybe I missed it, but have you mentioned to your members that the CBD content in any cannabis product should be verified scientifically?
I see a lot of advertising for various cannabis products but have not seen a certificate of analysis by a recognized laboratory confirming CBD and no THC content. Please correct me if I am wrong, but since none of the cannabis products in our market have been registered by SAHPRA, consumers only have the claims of the various manufacturers to go by.
If your GP prescribes a product for pain you have peace of mind that the factory where the product comes from has to comply to stringent regulations of manufacture.
Surely you would want your members to be given the same respect?
Hi Hannes
I recently spoke to a representative of a brand that sells CBD oil and I had the same query with regards to the evidence to back-up the claims that is made on the label of the product and I was told that companies do not reveal their certificate of analysis to the public, however these documents are kept at their head office and if anyone would like to review these documents they would have to go to the head office. So I was told. Sounds very defensive if you ask me.
However, another brand has placed a stamp of certification on their product which obviously gives the client peace of mind of what’s actually in the product, so I’m not sure as to why other brands who makes such claims would want to be discreet about the matter. Sounds sketchy hey.
Hannes
Cannabis medicine does not work like chemical medicine. Different strains work for different conditions and different people. There’s a whole different approach to follow when trying out Cannabis as medicine. In future there will be two types of Cannabis medicine. A boxed one with a strict list of cannabinoids and conditions it can be used for, and free organic flowers that you can try to see if it suits your needs. The responsibility lies with the government. Vape deaths are the fault of absent regulations and restrictions due to prohibition, nothing else.
Is it possible to open a restaurant that sells cbd foods but only for club members would this menu be available?
What is required in order to sell cbd as a valid product.
Not an easy question to answer as there are too many grey areas in the law. Plus, a restaurant selling cbd foods would never make any money, you might as well sell water at the present time as each dose is only allowed to be 20mg.
Dont burst our green bubble, I know its sound advice and legally correct. I am a blind believer. Almost want to setup my own shop, but I got high. Hats off to these outlaws spinning stories, paying bribes and serving customers cannabis. There are atleast 50 retails shops selling THC, give it horns.
Great article