South Africans Get a Say as New Limits for Private Cannabis Use Are Put on the Table

South Africa is edging closer to clearing up one of the most confusing grey areas in local law: how much cannabis is actually legal to have at home? For years, adults have technically been allowed to use and grow cannabis in private, but no one has been told what a reasonable amount looks like. That gap is finally being addressed, and this time, ordinary South Africans get to have their say.

Government Publishes Draft Cannabis Regulations

The Ministry of Justice and Constitutional Development has released draft regulations under the Cannabis for Private Purposes Act of 2024, opening them up for public comment until 5 March. These proposed rules aim to define the upper limits for how much cannabis adults may possess or cultivate at home without crossing into criminal territory.

It is the most significant step since the 2018 Constitutional Court ruling that decriminalised cannabis for personal use. That landmark judgment, known commonly through the Prince case, found that criminalising private adult use violated the constitutional rights to dignity, freedom and privacy. But while it made private use legal, it did not spell out what quantities were acceptable.

That responsibility now sits with the Justice Minister, who must set the limits through regulation.

What the Draft Rules Aim to Clarify

In developing the proposed limits, government considered what could reasonably fall within private use, how many plants would typically support such use, and how other countries have approached similar laws.

For many cannabis users, this will be the first time the law explicitly states what is allowed. Until now, individuals were left to the subjective interpretation of law enforcement, which created uncertainty and uneven enforcement.

The new regulations will not touch commercial cannabis activity. Selling or buying cannabis commercially remains illegal and is being handled separately by departments dealing with agriculture, health and trade.

Why Children Remain Protected

The department also emphasised that the Act applies only to adults aged 18 and older. Cannabis remains off limits for children, largely due to medical concerns about its long-term impact on brain development. The law goes further by criminalising adults who supply cannabis to minors or who allow them to use or possess it.

Clearing the Slate for Some South Africans

Another important inclusion is the process for expunging criminal records for people previously convicted of certain cannabis-related offences. For many South Africans, especially those affected under apartheid-era and early democratic policing, a criminal record for possession has had lifelong consequences for employment, travel and housing. The regulations outline how these records may now be cleared under the new law.

A Chance for the Public to Shape the Final Law

South Africans have until 5 March 2026 to make written submissions. Once public participation closes, the final regulations will still need to be presented to Parliament for approval before coming into effect.

This marks a rare moment where residents can directly influence how a fast-evolving area of personal rights and public health will be regulated. For long-time cannabis users, advocates and even the merely curious, these regulations could shape the future landscape of private cannabis use in the country.

{Source:The South African}

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