Draft Rules Set Proposed Limits for Private Use and Cultivation of Cannabis

The department said copies of the draft regulations are available on the DJCOD website and in the Government Gazette, with written submissions due by 5 March 2026.

The Department of Justice and Constitutional Development (DJCOD) has formally invited public comment on the draft regulations developed under the Cannabis for Private Purposes Act, 2024, marking a key step in the implementation of South Africa’s evolving cannabis law framework.

The department said copies of the draft regulations are available on the DJCOD website and in the Government Gazette, with written submissions due 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 department said in a statement on Tuesday.

Proposed Upper Limits for Possession and Cultivation

According to the DJCOD, the draft regulations propose upper limits on the possession and cultivation of cannabis for private use, giving practical effect to the Act and providing legal certainty for adults who lawfully use cannabis in private.

In developing the regulations, the Minister considered several factors, including:

• What may reasonably constitute private use

• The number of cannabis plants required to support such use

• International benchmarks and comparative legal approaches

The regulations also outline administrative and technical procedures related to the expungement of qualifying criminal records, a key reform aimed at addressing the long-term consequences of past cannabis-related convictions.

Constitutional Court Ruling Set the Legal Foundation

The draft regulations stem from a landmark Constitutional Court judgement delivered eight years ago, which found that criminalising the private use of cannabis by adults was inconsistent with South Africa’s constitutional values of human dignity, equality and freedom.

The court declared the relevant legislative provisions unconstitutional and ordered Parliament to amend the law accordingly.

Parliament subsequently enacted the Cannabis for Private Purposes Act, 2024, giving effect to the judgement.

What the Act Covers — and What It Does Not

The Act establishes a regulatory framework governing the use, possession, cultivation and transportation of cannabis for private purposes, and provides for the expungement of criminal records for certain cannabis-related offences.

However, the DJCOD stressed that the Act — and the draft regulations — have a limited scope.

“The Constitutional Court did not prescribe specific limits on the quantity of cannabis that may be possessed or cultivated for private use, leaving this determination to Parliament,” the department said.

Crucially, the Act does not permit:

• The buying or selling of cannabis

• Commercial cultivation or trade

• The recognition of traditional or commercial growers

These matters fall under the mandates of other departments, including Trade, Industry and Competition, Agriculture, and Health.

Protections for Children Remain in Place

The department emphasised that the decriminalisation of private cannabis use does not apply to persons under the age of 18.

While the Constitutional Court ruled in Centre for Child Law v Director of Public Prosecutions that criminalising a child for cannabis use or possession is not in the child’s best interests, the Act places clear legal responsibility on adults.

It criminalises conduct where an adult:

• Permits a child to use or possess cannabis, or

• Supplies cannabis to a child

“The use of cannabis by children remains prohibited, primarily due to medical concerns regarding its impact on the developing brain,” the department said.

Public Participation Central to Final Regulations

The DJCOD said the public consultation process is a critical part of ensuring that the final regulations are balanced, constitutional and practical.

“The draft regulations and the Cannabis for Private Purposes Act are confined to implementing the Constitutional Court decision on the private use of cannabis,” the department emphasised.

Members of the public, civil society organisations and other stakeholders are encouraged to submit their views before the 5 March 2026 deadline.