Dagga pubs are operating freely in Pietermaritzburg and Durban as police claim to not know about their existence.
Confusion around the decriminalisation of dagga has led to some shops openly ‒ but illegally ‒ selling it to the public in parts of KwaZulu-Natal.
Authorities warn that this is a criminal offence, and offenders could face jail time of between five and 10 years, depending on whether the charge is dealing or possession.
Buying dagga over the counter has become common in Pietermaritzburg CBD and malls as some health product outlets claim to have been licensed by the South African Health Products Regulatory Authority (SAHPRA) to openly sell it to the public.
SAHPRA denied licensing the drug sellers, calling them illicit traders who should face the full might of the law.
“Those people have never been licensed by us and the police must come in to deal with them,” said SAHPRA spokesperson Madimetja Mashishi.
“SAHPRA only issues licences for the cultivation of cannabis for export purposes to manufacture cannabis-containing products, and for providing cannabis for medicinal and/or research purposes. SAHPRA does not issue licences for the sale of cannabis for recreational use, and such practice remains illegal,” said SAHPRA spokesperson Madimetja Mashishi.
“While SAHPRA is continuously enforcing compliance with the laws it is mandated to administer, we urge members of the public to report such illegal practices to SAHPRA via the whistleblowing portal available on the SAHPRA website and to the South African Police Service,” he said, adding that the body had taken “appropriate enforcement actions against operators of such establishments in Johannesburg, Durban, Cape Town and Port Elizabeth” in collaboration with law enforcement agencies.
KwaZulu-Natal police spokesperson Colonel Robert Netshiunda said police were unaware of the growing number of such outlets.
“If SAHPRA says they are not licensed, why don’t they initiate an operation to close them down?” said Netshiunda.
Netshiunda said police could not act because they did not know the whereabouts and the identity of the dealers.
In 2018 the Constitutional Court decriminalised the herb, leading people to believe they could freely buy, sell and smoke it in public. The judgment was followed by the passing of the Cannabis for Private Purposes Bill in May 2024.
The Independent on Saturday visited several establishments that operate in malls around Pietermaritzburg this week.
One of the outlets had the drug openly displayed to shoppers, including children and students, walking in and out of the mall.
Two senior police officers who cannot be named because they were not allowed to speak to the media also told this reporter that police were unaware of such a fast-growing business.
“If we find a shop selling dagga, we will arrest the seller because selling dagga is illegal and a crime in South Africa,” said one of the officers.
While some outlets provided designated rooms for their customers to sit and enjoy a puff, others would sell to people who would smoke in mall parking lots in full view of the public.
This reporter traced the smell of burning dagga to a shop at an upmarket mall.
Following my nose, I found a group of young people smoking in front of the entrance of the mall and they directed me to the outlet where the drug is sold.
It was easy to buy a rolled dagga joint for R20.
Curiosity led me to search for and find many more dagga outlets around the city. I walked into five outlets posing as a herb user or looking for a cure for asthma. The shopkeepers recommended smoking dagga as the best cure. The cost ranged from R20 to R30 for a single joint or R40 for a small baggie.
“We started operating here about two years ago. We have one branch in Pietermaritzburg and we will soon open another one in Scottsville.
“We have eight branches in Durban, and all of them are operating legally because dagga is now legal for the licensed dealers,” said the shopkeeper.
One of the outlets enrolled me in its WhatsApp group of customers and immediately started sending promotions, which come in almost every hour.
One of the pharmacy operators said customers could order the drug online and get it delivered to the doorstep of their homes.
Another dagga “pub” whose billboard said “for members only” admitted me as a member using a QR code. Since that was done, several adverts have been sent by WhatsApp with offers for “bulk” buys: six joints for R100 and R200 for 12.
A friendly woman explained the health benefit of using her shop’s dagga products while leading me to smoking-designated rooms.
In one of the rooms, which was overwhelmed with smoke, young people were seated on bean bags smoking and some reading books.
“We have rooms where you can sit and smoke while watching TV. We are operating legally without being bothered by the police as we are licensed by SAHPRA,” she said while pointing at what looked like a licence from SAHPRA hanging on the wall.
“You can either smoke it here, which offers privacy, or you take it away,” said the woman.
Most of these shops sell dagga-based biscuits, health and beauty products among many other items.
A website, lawforall.co.za, expressed concern about the confusion caused by the Constitutional Court’s decision to decriminalise the private use of dagga, which led to “many South Africans across the country celebrating”.
The organisation warned that while it was no longer illegal to grow or use marijuana for personal use in private, it was still illegal to sell or buy dagga or smoke it in public.
“Police can still arrest someone on a reasonable suspicion that marijuana isn’t for personal use,” it said.
“Remember, before you light up, it’s best to familiarise yourself with exactly what the new law stipulates, and avoid circumstances that could lead to a run-in with the law,” advised the website.
Police and SAHPRA had promised to act against those who break the law. In November 2019, they released a joint statement warning the public that the establishments were trading cannabis and cannabis-related products to the public through outlets, online sites and social media platforms illegally.
“Marketing and selling cannabis and cannabis-related products to the public remains illegal, except where specifically allowed in terms of the Medicines and Related Substances Act,” read the warning statement.
The statement said the illegal businesses were violating the Traditional Health Practitioners Act (No. 22 of 2007).
“The Traditional Health Practitioners Act does not create a mechanism to sell cannabis and cannabis- related products that are not exempted in terms of the Medicines Act,” said the statement.
According to Cannabis for Private Purposes Act, 2024, a person who deals in cannabis “is guilty of an offence and is liable on conviction to a fine or imprisonment for a period not exceeding 10 years or to both such fine and imprisonment”.
“Any person who is in possession of cannabis, either in a private or public place, in an amount which exceeds the maximum amount prescribed for private purpose, is guilty of an offence and is liable on conviction to a fine or imprisonment for a period not exceeding five years or to both such fine and imprisonment,” read the act.
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