The Department of Justice and Constitutional Development has invited members of the public to comment on draft regulations that will shape the implementation of the Cannabis for Private Purposes Act in South Africa.

The proposed rules, published in a recent Government Notice, set out detailed limits and conditions for the possession, cultivation, and transportation of cannabis for private use, as well as procedures for clearing certain past cannabis-related criminal records.

📌 What the draft regulations propose

Among the key provisions:

Possession limits

• Adults would be allowed to possess up to 750 grams of cannabis per day for private use — both in private spaces and in public places.

Home cultivation

• An adult could cultivate a maximum of five cannabis plants at a private residence, regardless of the plant’s size or strain.

Transporting cannabis

• The total amount transported may not exceed 750 grams
• Cannabis must be concealed from public view, such as in a boot, trunk, or closed storage compartment
• Drivers must inform passengers if cannabis is in the vehicle, and passengers must do the same if they are carrying cannabis
• Cannabis may not be mixed with other substances while being transported
• Passengers would also be required to keep cannabis stored in luggage or out of reach of others in the vehicle.

🧾 Clearing old cannabis convictions

A major part of the draft regulations deals with the expungement of criminal records for certain past cannabis-related offences.

The regulations outline:

• How individuals can apply for expungement
• The forms required
• The role of the Department of Justice and the SAPS Criminal Record Centre
• Timeframes for processing applications and issuing certificates
• People whose previous cannabis convictions were not automatically cleared may apply to have their records expunged, provided they meet the criteria under the Act.

🗣 Public participation now open

The Department is encouraging individuals, civil society groups, legal experts, and other stakeholders to submit written comments on the draft regulations.

Deadline for submissions: Thursday, 5 March 2026

Comments must be marked for the attention of Mr M Mokulubete and can be submitted by post, hand delivery, or email.

The full draft regulations are available on the Department of Justice and Constitutional Development website.

This consultation process is seen as a key step in finalising the practical rules that will govern private cannabis use in South Africa, following the legal reforms introduced by the Cannabis for Private Purposes Act.