New draft rules aim to end South Africa’s cannabis confusion

The Ministry of Justice and Constitutional Development has published for public comment draft regulations that some experts hope will begin to clear up confusion about how cannabis and related products are regulated in South Africa.

The draft regulations propose upper limits for the possession and cultivation of cannabis for private use, and form part of an ongoing process to implement the cannabis for Private Purposes Act.

In 2018, the Constitutional Court delivered a unanimous judgment where it ruled that the criminalisation of the use or possession of cannabis by an adult for private purposes was not reasonable and justifiable.

The court declared the legislation invalid and directed Parliament to make amendments, including a prescription on the limits on the quantity of cannabis that may be possessed or cultivated for private use.

The spokesperson for the Ministry of Justice and Constitutional Development, Terrence Manase, said: “The regulations propose clear limits for private use informed by public interests and international benchmarks. Members of the public and interested stakeholders are encouraged to submit comments by 5 March 2026.”