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Legality · Memantine

Is Memantine legal in South Africa?

Confirmed against a primary sourceVerified October 4, 2026
Legal status
Controlled as a Schedule 4 substance under the Medicines and Related Substances Act 101 of 1965, as at the SAHPRA consolidation of 1 August 2025; it is not printed in the Drugs and Drug Trafficking Act 140 of 1992.
Consequences if caught
Schedule 4 prints it under its own name as "Memantine." on page 128, between Melphalan and Meningococcal Group B vaccine. Schedule 4 is the ordinary prescription medicine schedule. Section 22A (1) of the Medicines Act says no person shall "sell, have in his or her possession or manufacture any medicine, Scheduled substance, medical device or IVD, except in accordance with the prescribed conditions." Section 22A (16) (b) lets any person possess a Schedule 3, Schedule 4, Schedule 5 or Schedule 6 substance "if he or she is in possession of a prescription issued by an authorised prescriber", and section 22A (5) confines the sale of a Schedule 4 substance to a pharmacist acting on a prescription or on the verbal instructions of an authorised prescriber, to a manufacturer or wholesale dealer, and to the prescribing professions it lists. Section 22A (10) adds that no person shall sell or administer any Scheduled substance or medicine "for other than medicinal purposes". Section 29 (k) makes it an offence to contravene "any provision of section 22A", and section 30 (1) makes a person convicted of an offence referred to in section 29 "liable to a fine, or to imprisonment for a period not exceeding 10 years." Section 30 (2) lets the court declare the substance forfeited to the State, and section 30 (4) makes a magistrate's court competent to impose the penalty. Section 22A (11) (a) requires an import permit for "any specified Schedule 5, Schedule 6, Schedule 7 or Schedule 8 substance or other substance or medicine prescribed for that purpose", and section 22A (12) (a) extends import control to substances the Minister prescribes and to substances under international control. This entry carries no specified marker and sits in Schedule 4, and no instrument prescribing it for that purpose was found, which does not rule one out; on what was read, that subsection does not itself require a permit to bring it in, and possession on arrival still turns on section 22A (16). Under the Drugs Act the position is different. This is the clearest case in the batch where the limb argues with itself. Part III prints "Phencyclidine and the congeners thereof, namely, N-ethyl-1-phenylcyclohexylamine (PCE), 1-(1-phenylcyclohexyl) pyrrolidine (PHP or PCPY) and 1-[1-(2-thienyl) cyclohexyl] piperidine (TCP)." and this substance acts at the same receptor as the compound that entry names, which engages the words about similar pharmacodynamic properties. It is structurally an adamantanamine, a cage hydrocarbon carrying an amine, and no entry in either schedule shares any part of that structure, which leaves the words about a shared structural fragment entirely unsatisfied. The Act gives no rule for which half governs when they disagree. If the limb does reach this substance the consequences are the ordinary ones for the Part the listed relative sits in: section 4 (b) with section 17 (d) at up to 15 years for use or possession, and section 5 (b) with section 17 (e) at up to 25 years for dealing. If it does not, the Act does not reach the substance at all. This cell does not choose between those two outcomes under the Drugs Act. The Act supplies no test for deciding a homologue case. Capital exposure: none, and life exposure: none. Section 30 (1) of the Medicines Act fixes the penalty for an offence under section 29 at a fine or imprisonment for a period not exceeding 10 years, and section 17 sets out the whole penalty scale of the Drugs Act, whose highest figure is 25 years for dealing; neither Act carries a death sentence or a sentence of life imprisonment.
If prescribed or medical
Memantine is a medicine on prescription in South Africa. Outside the practitioners and pharmacies that section 22A (16) (c) and (d) cover, section 22A (16) (b) makes possession lawful only with a prescription issued by an authorised prescriber. For a visitor, SAHPRA's guideline SAHPGL-INSP-RC11, version 2 of June 2022, which restates the General Regulations, says "Any person entering the Republic may be in possession, for personal medicinal use, of- 3.2.1. a quantity of a Schedule 3, 4 or 5 substances, which shall not exceed for use for a period of six months; oral quantity of a Schedule 6 substance, which shall not exceed use for a period of 30 days;" and requires the original prescription, a certified copy of it, or a certificate or letter from the person who prescribed or dispensed it certifying the substance and quantity, with that person's name, physical and email address. The regulation the guideline restates sits behind the same SAHPRA sign in as the July 2026 schedules and was not itself read, so the allowance is stated here from the guideline. Section 22A (17) (a) defines an authorised prescriber as "a medical practitioner, dentist, veterinarian, practitioner, nurse or other person registered under the Health Professions Act, 1974". Section 22A (6) (f) lets a sale of a Schedule 4 substance be repeated where the prescriber has written the number of times on the prescription, but not for longer than six months. The Drugs Act's own exceptions in section 4, paragraphs (i) to (vi), run through a practitioner acting in accordance with the Medicines Act, and section 2 of the Drugs Act says it applies "in addition to, and not in substitution for" the Medicines Act.
Documentation
Medicines Act search record, 3 October 2026. Terms searched: memantine, Ebixa and adamantan. Memantine returns one Schedule 4 entry on page 128. The consolidation is a text PDF of 199 pages and was searched as extracted text, every schedule from 0 to 8. The Medicines Act schedules are stated as at the SAHPRA Consolidated Schedules of 1 August 2025, which on a comparison of two of its changes, the inserted fluconazole entry in Schedule 2 and the reworded nicotine metered spray line, both read on pages 4 and 6 of the scanned notice, already carry Government Notice R6466 of 1 August 2025; the rest of that notice was not read. That consolidation is read with Government Notice 7446 in Government Gazette 54627 of 8 May 2026, whose only change is to insert a veterinary yohimbine entry in Schedule 4; both were read on 3 October 2026. SAHPRA now labels the 1 August 2025 file an archived version and offers its July 2026 consolidation only through a Microsoft sign in that refused an anonymous request, so that file was not read, and this does not rule out a later amendment. The text of the Medicines Act read is the consolidation published in Government Gazette 40869 of 26 May 2017, whose list of amending Acts ends at Act 14 of 2015; a search on 3 October 2026 found no later amending Act, which does not rule one out. Drugs Act search record carried from the earlier cell. Search record. The terms searched were memantine, amantadine, adamantane, adamantyl and Namenda. All return zero occurrences. The row is recorded this way rather than as an absence because a reader who saw only the structural negative would not know that the other half of the limb had been considered. The text read for this cell is the Juta consolidation of the Act downloaded on 29 May 2025, taken from the Department of Justice copy at justice.gov.za whose sha256 begins bc1216a3. It carries the substitution of Schedules 1 and 2 by section 2 of Act 14 of 2022 with effect from 14 December 2022, and it marks section 7 of the Cannabis for Private Purposes Act 7 of 2024, the provision that would amend Schedule 2 again, as not yet put into operation by proclamation. The schedules are stated as at that consolidation and this does not rule out a later amendment made or commenced since.
Primary sources
  • Medicines and Related Substances Act 101 of 1965, Schedules made under section 22A (2), Schedule 4, page 128
  • SAHPRA Consolidated Schedules of 1 August 2025, read on 3 October 2026
  • sahpra.org.za
  • Government Notice 7446, Government Gazette 54627 of 8 May 2026, read on 3 October 2026
  • gov.za
  • Medicines and Related Substances Act 101 of 1965, ss 1, 22A, 29 and 30, consolidation in Government Gazette 40869 of 26 May 2017, read on 3 October 2026
  • sahpra.org.za
  • Drugs and Drug Trafficking Act 140 of 1992 fetched again on 3 October 2026, sha256 beginning bc1216a3 and byte identical to the cached copy
  • SAHPRA guideline SAHPGL-INSP-RC11, Guidelines for Release of Imported Health Products at Ports of Entry, version 2, June 2022, paragraphs 3.1.3 and 3.2, read on 3 October 2026
  • sahpra.org.za
  • Drugs and Drug Trafficking Act 140 of 1992, Schedule 2 open homologue limb, both halves applied and disagreeing
  • Drugs and Drug Trafficking Act 140 of 1992, ss 1, 2, 3, 4, 5, 13, 17 and 19, with Schedules 1 and 2
  • justice.gov.za
  • read from the cached text at research/instruments/south-africa/za-drugs-act-140-1992.txt, 84,091 bytes, against the.pdf beside it at 127,460 bytes
  • the consolidation is dated 29 May 2025 and carries the Act 14 of 2022 substitution of both schedules with effect from 14 December 2022

Court records

We have not yet assessed whether court records are publicly available for this jurisdiction.

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