South Africa’s rules around private cannabis use could soon become far clearer, as government moves to set official limits on how much adults may legally possess and grow at home.
The Ministry of Justice and Constitutional Development has published draft regulations under the Cannabis for Private Purposes Act, 2024, and is inviting the public to comment before the rules are finalised.
How much cannabis is ‘too much’?
The proposed regulations focus on one key issue: setting upper limits for the possession and cultivation of cannabis for private use. Until now, cannabis use by adults in private has been legal, but the lack of fixed quantities has left a grey area around what counts as “reasonable” private use.
The move follows a landmark 2018 Constitutional Court judgment in the Prince case. The court ruled that criminalising adult use or possession of cannabis for private purposes was not justified in a democratic society founded on dignity, equality and freedom.
Parliament later passed the Cannabis for Private Purposes Act to give effect to that ruling.
While the court did not set specific limits, it left Parliament to decide these through law. The Act now gives the Justice Minister the power to determine limits through regulations.
According to the Department, the draft rules were developed by considering what would reasonably qualify as private use, the number of plants needed to support that use, and international benchmarks.
Clearing criminal records, protecting children
The regulations also include processes linked to the expungement of criminal records for people previously convicted of certain cannabis-related offences.
Importantly, the department stressed that the law applies only to adults aged 18 and older. Cannabis use by children remains prohibited, due to medical concerns about its impact on brain development. The Act also criminalises adults who supply cannabis to children or allow them to use or possess it.
The consultation does not deal with the commercial sale 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,” the Department said in a statement.
“Those matters and are being addressed by other government departments, including those responsible for Trade, Industry and Competition, Agriculture, and Health.”
Members of the public have until 5 March 2026 to submit written comments. Once the regulations are finalised, the proposed limits will still need to be submitted to Parliament for approval before taking effect.
