Pretoria – The Ministry of Justice and Constitutional Development has published draft regulations in terms of the Cannabis for Private Purposes Act, 2024 (Act No. 7 of 2024), for public comment.
The draft regulations propose upper limits for the possession and cultivation of cannabis for private use and form part of the ongoing process to implement the Act.
In 2018, the Constitutional Court delivered an unanimous judgement in the matter of Minister of Justice and Constitutional Development and Others v Prince and Others (CCT 108/17), in which it found that the criminalisation of the use or possession of cannabis by an adult for private purposes was not reasonable and justifiable in an open and democratic society founded on human dignity, equality, and freedom.
The Court accordingly declared the relevant legislative provisions constitutionally invalid and directed Parliament to effect the necessary amendments.
Parliament subsequently enacted the Cannabis for Private Purposes Act, 2024, to give effect to the Constitutional Court judgment.
The Act provides a regulatory framework for the use, possession, cultivation, and transportation of cannabis for private purposes and makes provision for the expungement of criminal records for persons previously convicted of certain cannabis-related offences.
While the Constitutional Court did not prescribe specific limits on the quantity of cannabis that may be possessed or cultivated for private use, it left this determination to Parliament.
The Act accordingly empowers the Minister of Justice and Constitutional Development to determine such limits through regulations.
In developing the draft regulations, the Minister considered a range of factors, including what may reasonably constitute private use, the number of cannabis plants required to support such use, and relevant international benchmarks.
The draft regulations also set out administrative and technical processes relating to the expungement of qualifying criminal records.
Copies of the draft regulations are available on the Department of Justice and Constitutional Development website and in the Government Gazette.
Members of the public and interested stakeholders are invited to submit written comments to the Department by 5 March 2026.
All submissions received will be carefully considered before the regulations are finalised.
Once finalised, the proposed limits will be submitted to Parliament for approval prior to coming into effect.
The Constitutional Court judgement aligned South Africa with a growing number of jurisdictions that permit the private use of cannabis by adults.
Since the judgment, the use or possession of cannabis by an adult for private purposes has not constituted a criminal offence.
The Court, however, did not extend this to the buying and selling of cannabis.
It is important to emphasise that both the Constitutional Court judgment and the Act permit the use of cannabis only by adults, defined as persons who are 18 years of age or older.
The use of cannabis by children remains prohibited, primarily due to medical concerns regarding its impact on the developing brain.
While the Constitutional Court found in Centre for Child Law v Director of Public Prosecutions, Johannesburg (CCT 210/21) that criminalising a child for the use or possession of cannabis was not in the child’s best interests, the Act places clear responsibility on adults and criminalises conduct where an adult permits a child to use or possess cannabis or supplies cannabis to a child.
The draft regulations and the Cannabis for Private Purposes Act are confined to implementing the Constitutional Court decision on the private use of cannabis.
Matters relating to the commercial cultivation, buying, or selling of cannabis or cannabis products, as well as the recognition of traditional growers, fall outside the scope of the Act and are being addressed by other government departments, including those responsible for Trade, Industry and Competition, Agriculture, and Health.
“The Department of Justice and Constitutional Development encourages constructive public participation in this consultation process as part of its commitment to transparent and inclusive law-making,” said spokesperson Terrence Manase.
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