Cannabis Advertising Restrictions in South Africa

Legal context: what can even be advertised?

South Africa does not have a legal recreational cannabis retail market. In Minister of Justice and Constitutional Development v Prince (2018), the Constitutional Court decriminalised the private use, possession and cultivation of cannabis by adults in a private place, but it did not create a right to sell or advertise cannabis to the public ^[1].

The Cannabis for Private Purposes Act 7 of 2024 (CfPPA), signed into law on 28 May 2024, codifies private adult use and possession limits but explicitly does not legalise commercial dealing, and its commencement date is set by proclamation — several provisions were not yet in force at the time of writing ^[2]. Because there is no lawful recreational retail channel, there is also no lawful category of 'recreational cannabis advertising' aimed at the general public Strong evidence.

Medicinal cannabis and low-dose CBD products are regulated separately under the Medicines and Related Substances Act 101 of 1965 and administered by the South African Health Products Regulatory Authority (SAHPRA) ^[3].

Medicines Act rules on advertising

Cannabis (THC-dominant) is a Schedule 6 substance and CBD is generally Schedule 4, with narrow Schedule 0 / unscheduled exemptions for low-dose CBD products created by Government Notice R.756 of 2020 and subsequent notices ^[3][4].

Under section 20 of the Medicines Act, no person may advertise any medicine for sale unless the advertisement complies with prescribed requirements, and Schedule 3 and higher medicines may not be advertised to the public at all — only to health professionals ^[5]. This means:

• THC-containing cannabis medicines (Schedule 6) cannot be advertised to the general public. Strong evidence
• Schedule 4 CBD products can only be promoted to healthcare professionals. Strong evidence
• Only CBD products that fall within the specific low-dose exemption (≤600 mg CBD per pack, ≤20 mg daily dose, with general health claims only) may be sold and advertised to the public, and even then health claims are restricted to 'general health enhancement' with no disease claims ^[4].

Making a therapeutic claim (e.g. 'treats anxiety', 'cures cancer') about any cannabis or CBD product without SAHPRA registration is a criminal offence under the Medicines Act and can also breach the Foodstuffs, Cosmetics and Disinfectants Act 54 of 1972 ^[3][6].

The Advertising Regulatory Board (ARB) code

The Advertising Regulatory Board is a private, self-regulatory body. Its Code of Advertising Practice binds ARB members (most major broadcasters, publishers and platforms) and its rulings are frequently enforced by those platforms even against non-members ^[7].

The ARB Code prohibits advertising that promotes illegal activity or that contradicts the law. Because commercial sale of cannabis to the public is not lawfully authorised, advertisements offering cannabis for sale to consumers — including 'cannabis club' membership sales framed as retail — have been the subject of ARB complaints and rulings against advertisers. The ARB has also ruled against unsubstantiated CBD health claims under Clause 4.1 (Substantiation) and Appendix K (medicinal claims) of the Code ^[7]. Weak / limited

The ARB does not have statutory power, but Google, Meta, and major SA broadcasters typically remove ads following adverse ARB rulings.

'Cannabis clubs' and grey-market promotion

So-called private cannabis clubs have proliferated since 2018, often advertising openly online. Their legal status is contested. In National Director of Public Prosecutions v The Haze Club and related matters, prosecutors have taken the position that commercial 'grow club' models constitute dealing under the Drugs and Drug Trafficking Act 140 of 1992 ^[8]. Disputed

Regardless of the underlying model's legality, advertising the sale of cannabis, cannabis 'memberships' tied to product supply, or delivery services to the general public risks:

• Prosecution for dealing or conspiracy to deal under the Drugs Act ^[8].
• Contravention of the Medicines Act if the product is presented as medicinal ^[3].
• ARB rulings and platform-level ad takedowns ^[7].

Operators sometimes rely on private-member messaging channels and word-of-mouth to reduce exposure; this is a risk-management practice, not a legal safe harbour.

Hemp, foods and cosmetics

Industrial hemp cultivation is regulated under the Plant Improvement Act 11 of 2018, with permits issued by the Department of Agriculture; a hemp permit does not authorise advertising of cannabinoid products for consumption ^[9].

Hemp seed foods (hulled seed, seed oil, seed protein) were exempted from the Medicines Act by Government Notice R.755 of 2020, provided THC and CBD levels stay below specified thresholds and no medicinal claims are made ^[4]. Cosmetics containing hemp seed oil are regulated under the Foodstuffs, Cosmetics and Disinfectants Act; medicinal or therapeutic claims trigger the Medicines Act ^[6]. Practical implication: you can advertise hemp seed oil as a food or cosmetic, but the moment the copy says 'relieves pain' or 'reduces anxiety', it becomes an unregistered medicine advertisement.

What this means in practice

As of the last-verified date below:

• Recreational cannabis: No lawful public advertising channel exists. Ads offering cannabis for sale to the public are legally exposed. Strong evidence
• Medicinal cannabis (THC): Only marketing to healthcare professionals, and only for SAHPRA-registered or Section 21-authorised products. Strong evidence
• Schedule 4 CBD: Healthcare-professional advertising only. Strong evidence
• Exempted low-dose CBD: Consumer advertising allowed, but only general health claims — no disease claims. Strong evidence
• Hemp foods/cosmetics: Advertisable as food or cosmetic; no medicinal claims. Strong evidence
• Cannabis clubs: Advertising to the public is high-risk; legal status of the underlying model is unresolved. Disputed

This article is not legal advice. Cannabis law and advertising rules in South Africa are changing quickly — the CfPPA is only partially in force, SAHPRA notices are periodically updated, and further commercialisation legislation has been mooted but not enacted. Consult a South African attorney familiar with pharmaceutical and advertising regulation before running any cannabis-related campaign.

Last verified: 15 June 2024.

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