Budding Breeders – Cannabis And Intellectual Property Rights

In 2018 the Constitutional Court of South Africa ruled that personal and medical marijuana use in South Africa was deemed to be legal, with the Court directing the South African government to put in place the necessary legal framework to give effect to the Court's decision within 24 months of the judgement. Unfortunately, the government has been slow to implement the necessary legal framework, which was naturally placed on the back burner whilst managing the recent worldwide coronavirus pandemic. As we slowly return to normal life the topic has been placed back on the table for discussion and action. Currently, however, South Africa is in legal limbo as far as commercial cannabis exploitation for the personal use of cannabis is concerned despite companies already having invested heavily in the eventual implementation of the legal framework.