The Ministry of Justice and Constitutional Development has invited public comment on draft regulations that will set limits for the private use of cannabis, marking another step in the rollout of the Cannabis for Private Purposes Act, 2024.
In a statement, the Ministry confirmed it has published “draft regulations in terms of the Cannabis for Private Purposes Act, 2024 (Act No. 7 of 2024), for public comment”. The proposed regulations outline upper limits for the possession and cultivation of cannabis for private use and are intended to give practical effect to the Act.
The legislation stems from a landmark 2018 Constitutional Court ruling in Minister of Justice and Constitutional Development and Others v Prince and Others, in which the Court 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”. Parliament was subsequently directed to amend the law.
Parliament later enacted the Cannabis for Private Purposes Act, which provides “a regulatory framework for the use, possession, cultivation, and transportation of cannabis for private purposes” and allows for the expungement of certain past cannabis-related convictions.
While the Court decriminalised private use, it did not set limits, leaving that task to lawmakers. The Act therefore empowers the Minister to determine quantities through regulations, taking into account “what may reasonably constitute private use”, the number of plants required, and international benchmarks.
The draft regulations also detail administrative processes for the expungement of qualifying criminal records. Copies are available on the Department’s website and in the Government Gazette.
Members of the public and interested stakeholders have until 5 March 2026 to submit written comments. The Department said all submissions will be considered before the regulations are finalised and sent to Parliament for approval.
The Ministry stressed that private cannabis use is permitted only for adults aged 18 and older, that selling cannabis remains illegal, and that the Act does not cover commercial or traditional cultivation, which falls under other government departments.
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