Right, this is your moment, South African dagga fans, to submit your comment to shape the future of cannabis regulations. These are the long-awaited regulations, the actual nuts-and-bolts details that bring the Cannabis for Private Purposes Act, 2024 to life.
Without these details, it’s been almost impossible to know:
- How much cannabis you can legally possess
- How many plants you’re allowed to grow
- How the expungement process for old convictions will work
- What the official personal possession and travel limits actually are
We spotted this draft thanks to our friends at Fields of Green For All. If you’re not following them, you should be.
And if you’re still scratching your head about what this new draft actually means for everyday South Africans, don’t worry. Let’s unpack it together!
What Is This Draft Document?
This draft regulation comes straight from the Department of Justice and Constitutional Development, so it’s the real deal.
But don’t panic. It’s not a law yet. Think of it as the government opening the floor and saying: “South Africa, tell us what you think.” This is your chance to have a say in how the rules around cannabis actually take shape.
The document flags a few areas that might raise eyebrows, and we’ll get to those shortly. First, though, let’s put on our legal reading glasses and unpack the important definitions.
New Definitions By the Department of Justice and Constitutional Development
Here are the new definitions in this act that we consider most important to know about now.
Just an FYI, these new definitions don’t overhaul the Act’s legal definitions; they add operational definitions that the Act didn’t require.
These are some of the most important new definitions introduced:
Cannabis plant:
The draft regulations define a cannabis plant as any plant of the genus Cannabis whose flowering or fruiting tops remain intact, specifically excluding hemp.
The Cannabis for Private Purposes Act, 2024 defines cannabis as the flowering or fruiting tops of the plant, including products made from them, but it excludes all other parts, such as seeds, leaves without flowers, branches, and roots.
These new regulatory definitions ensure that officials and users can clearly distinguish between cannabis intended for private personal use and hemp, which lawmakers may regulate separately for commercial cultivation.
Hemp
A Cannabis plant with trans-delta-9-tetrahydrocannabinol (THC) concentration below a prescribed percentage in leaves/flowering heads, and cultivated under a law regulating its cultivation (distinct from cannabis plants for personal use).
The parent Act (the Cannabis for Private Purposes) didn’t define hemp at all, as it only defined cannabis parts like tops vs seeds.
This new definition ensures regulators can distinguish when a plant falls under cannabis for personal use rules vs hemp for industrial purposes.
It’s important to note these definitions, as they can often create loopholes.
So, give it a think and let the community know if you’ve come up with a great insight.
Now, let’s discuss the proposed legal caps.
Personal Possession, Cultivation, and Travel Limits
It might come as a surprise to some, but before this draft, there were no defined legal caps on cannabis possession. If no one presses for changes, these caps will define what an adult may possess and cultivate for private purposes:
Personal possession
Yes, up until now, it was completely up to the arresting officer to determine, via the positioning of the moon and stars, if you had too much cannabis.
Now, we have a suggested limit, which is now up to 750 grams of cannabis in a private place (per person per day).
However, even at this early stage, the draft doesn’t explicitly state whether combined household limits supersede individual limits. In layman’s terms, if you bring in more cannabis to a household with dried flower, that pushes you over the limit, who is liable for the fine?
But you know, at least we’ve opened the discussion.
Now the draft actually states:
Maximum amount of cannabis for possession in a private or public place (section 4(4))
- (1) The amount of cannabis that may be possessed by an adult person in a
private place for private purpose may not exceed 750 grams at any given time during the
course of a single day.
(2) The amount of cannabis that an adult person may possess in a public place
for private purpose may not exceed 750 grams at any given time during the course of a single
day.
If this limit concerns you, please share your concerns; we’ll let you know how we’ll address them later.
Cultivation
Right, the powers that be have decided to get strict when it comes to the number of cannabis plants you may own.
Here’s what the draft says:
Maximum number of cannabis plants for cultivation in private (section 4(5))
- The number of cannabis plants that an adult person may cultivate in a private place
for private purpose may not exceed 5 cannabis plants at any given time, regardless of the
size, shape or strain of the cannabis plant
For keen cannabis growers, having a limit on their right to cultivate what they want will be bad news. After all, any professional gardener will back up the claim that not every plant you grow will survive and thrive.
Honestly, we don’t want the law to limit what we choose to grow on our private property or to give law enforcement the power to inspect our homes based only on suspicion.
Hate to be that Facebook neighbourhood watch person, and we don’t have anything to hide, but we’re also not eager to invite police onto our property without good reason.
Reports published by Newsday indicate that out of 359 corruption complaints made to the Independent Police Investigative Directorate (IPID) since 2019, only 4% ended in criminal charges, and around 13% led to disciplinary measures.
In other words, nearly 90 percent of allegations against officers went nowhere. Given how rarely misconduct is properly addressed, I’d rather rely on my legal rights and common sense than on blind trust.
Transportation and Vehicle Rules
Another area we’ve been seeking additional clarity on is how much we can travel with. The draft imposes specific conditions and restrictions for transporting cannabis.
They’ve suck with the amount of 750 grams may be transported for private purposes per person per day.
However, this amount limit comes with new stipulations regarding concealment and handling.
These rules include:
- Cannabis must be concealed from public view (e.g., inside a boot or enclosed compartment).
- You may not handle or inspect the cannabis in public while transporting.
- The driver must notify passengers that cannabis is being transported.
Expungement of Criminal Records
The regulations set out detailed procedures to expunge old cannabis-related convictions, offering important relief to people who the law previously criminalised for possessing cannabis.
We also need to note that there’s a standardised application and that the certificate forms are included as annexes.
This aligns with the Act’s core intent to clear records of convictions for conduct now permitted under the Act.
There are numerous timelines and submission requirements to ensure that your criminal record is expunged.
If there were one suggestion we’d make, it’s that we ask whether this should be automatic expungement triggers for specific offences, rather than by application.
Because the steps will make your head explode.
What Are The Steps?
For those wondering what the current suggested steps are, here they are
Complete the expungement application (Form 1)
Your application must be on a form that “corresponds substantially” with Form 1 in the Annexure.
Submit the original application to the Department of Justice
You must deliver the original application by hand or by post to the Department’s physical/postal address.
We’d say this is a bit of a problem, as in the 2020 National Household Travel Survey, about 20% of workers walked to work because they didn’t have access to a private vehicle or a reliable public transport option, and many others relied on informal transport.
Also, our local postal service has seen better days.
Respond if the Department requests more info
A designated Department official may request further information in writing if what you submitted is unclear or inadequate.
Again, problematic, as recent official estimates put South Africa’s adult literacy rate (ages 15+) at around 89–91%, meaning about 9–11% of adults lack basic reading and writing skills.
Decision by the Director-General: certificate issued or application declined
Yes, now you need to wait for an individual to review your request, and if approved, the Director-General issues a Certificate of expungement using Form 2.
If the Director-General declines your application, they must inform you in writing within 14 working days and provide the reasons for the refusal.
Director-General sends the certificate to the SAPS Criminal Record Centre
After issuing the certificate, the Director-General must submit it to the SAPS Criminal Record Centre within 14 working days (by hand or electronically).
Which we think is funny as the rest of the country isn’t allowed to use, you know, email…
SAPS Criminal Record Centre expunges and confirms
Within 21 working days of receiving the certificate, the Criminal Record Centre must inform you in writing, by post or electronically, that it has expunged the record for the specific offence or conviction.
Which we think might be problematic, as many official, government-run organisations tend to lose documents…
Collect the certificate (optional/in-person)
You (or someone you authorise) may collect the certificate from the SAPS Criminal Record Centre during office hours.
Which again isn’t great, and I’m surprised they can’t just send it back to your home or a nearby postal pickup point.
Now that we’ve gone over what our basic thoughts are, let’s quickly brush over what wasn’t mentioned.
Things Not Mentioned in The Draft Cannabis Regulations
It’s unfortunate, but there are some important details we were hoping for greater clarity on in this draft of the cannabis regulations. Here are the main ones that stuck out for us:
Overlap with SAHPRA
The regulations don’t mention how THC/CBD scheduling will or could be incorporated into permissible products.
Currently, SAHPRA rules govern medical products separately.
Food & Consumables Exclusion
Another point of issue is that there’s no reference to edible or hemp-derived products. While other legislation currently bans foodstuffs with cannabis content, it’s all a grey area.
Commercial Regulation Absence
The draft explicitly focuses on private purposes and excludes any commercial trade or licensing regime.
That’s consistent with current law but leaves a regulatory gap as commercial cannabis policy is being developed separately.
If you’ve read this article and decided you need to step up or write a letter, here’s how you can start.
How To Write a Comment
If you are keen about submitting comments on the draft regulations, here’s a simple way to structure them:
1. Start with an Introduction
Tell them who you are and why you care. Are you a home grower, a concerned citizen, a business owner, or just someone who likes clear rules? Set the scene.
2. Share Your General Thoughts
Chat about how the draft lines up with the Cannabis for Private Purposes Act and our Constitutional rights. What works well? What feels a bit off?
3. Get into the Specifics
Go regulation by regulation and point out what you like, what you don’t, and what could use some polishing. The more clearly you reference the exact sections, the easier it is for the Department to follow.
4. Talk About Real-World Impact
Explain how these rules will play out in everyday life. How will they affect ordinary users, law enforcement, and public safety? Put some practical feathers on the legal bones.
5. Look at the Bigger Picture
Ensure the draft aligns with other laws and regulations, such as SAHPRA, road traffic rules, and food safety standards. Nobody likes legal knots.
6. Wrap It Up with Recommendations
Finish strong. Summarise your key points and suggest clear, sensible improvements. Think of it as your owl-approved wish list.
Don’t Forget The Deadline!
Remember that public participation has a deadline.
The Department of Justice and Constitutional Development published the Draft Cannabis Regulations for comment in Government Gazette No. 54061 on 2 February 2026, and stakeholders were asked to submit written comments by Thursday, 5 March 2026.
Comments must be sent in the specified format to the postal or email addresses listed in the notice. Submissions received after 5 March 2026 may not be considered, so it’s important to ensure your views reach the Department on time and in the proper manner.
Or in their words:
- COMMENTS
2.1 The comments must be submitted not later than Thursday, 5 March 2026, marked
for the attention of Mr M Mokulubete, and–
(a) if they are forwarded by post, be addressed to–
The Department of Justice and Constitutional Development
Private Bag X81, Pretoria, 0001
(b) if they are delivered by hand, be delivered at–
The Department of Justice and Constitutional Development
Momentum Centre, Room E1431, 239 Pretorius Street, Pretoria
(c) if they are delivered by email, be emailed to [email protected].
2.2 For more information, please contact Mr M Mokulubete on 012 406 4753 / 084 842
5780
Please don’t call Mr M Mokulubete; instead, write him a polite email.
