All South African cannabis fans have heard about Section 21 and the Cannabis for Private Purposes Act. However, there is still some confusion between the two. So, let’s define the differences between the two most essential pieces of cannabis legislation.
Before we get cracking, let’s talk in more detail about the two pieces of legislation.
Defining What Section 21 Means For Medical Cannabis (via SAHPRA)
To understand Section 21, we have to talk about the act it’s a part of. Medicines and Related Substances Act, which is South Africa’s core legislation regulating medicines, medical devices, and related substances.
Section 21 of this act allows the South African Health Products Regulatory Authority (SAHPRA) the power to authorise the use of an unregistered medicine in specific circumstances. Yes, this is where cannabis usage sneaks in!
Unregistered medicines are drugs that are not yet formally registered or scheduled in South Africa. This could be because:
- They are new, experimental, or still under review.
- They are widely used overseas but haven’t yet undergone the full SA regulatory process.
- They’re highly specialised (like certain oncology or rare-disease drugs) and only needed for small patient groups.
South Africa enacted the Cannabis for Private Purposes Act, 2024, but has not yet fully operationalised or enforced it.. Please, hold on! We’ll get to talking about the act in a bit.
So, how are South African cannabis fans using this section to get access to cannabis?
How Section 21 Works
As we mentioned, Section 21 allows South Africans access to experimental medicines. To access these new treatments, private citizens have to get a registered healthcare practitioner, who is usually a doctor, to apply on their behalf.
Reviewers assess applications on a patient-by-patient, product-by-product, and condition-by-condition basis.
These applications can cover a single patient or a group of patients. Authorities usually set a time limit on these applications, and applicants must renew them.
Cannabis dispensaries use this section to allow access to cannabis. To access cannabis via this route, you need:
- Your doctor writes a prescription,
- Applies through SAHPRA,
- If approved, the cannabis is supplied via a licensed pharmacy or importer.
Currently, SAHPRA is issuing Cannabis Cultivation Licences to provide marijuana for medical use and export.
However, it has officially said that it cannot issue licenses for the cultivation of cannabis for non-medical commercial purposes, including for food supplements.
Why Does Section 21 Exist?
For those wondering why South Africa has this section in our main health act, the logic is to balance access and safety.
Patients with genuine medical needs shouldn’t be left without treatment just because a drug hasn’t been fully registered yet. At the same time, SAHPRA keeps oversight to make sure:
- Products are safely sourced.
- Doctors justify the medical need.
- There’s traceability and control (important for substances like cannabis, opioids, or experimental drugs).
Now, let’s talk about the Cannabis for Private Purposes Act (2024).
Cannabis for Private Purposes Act (2024)
In 2018, the Constitutional Court of South Africa made a landmark ruling: adults have the right to possess, grow, and consume cannabis in private for their own use.
The judgment declared that banning private cannabis use violated the right to privacy in the Constitution.
That ruling created a legal gap for South Africans to push for more rights to private use of cannabis. The law technically allowed it, but lawmakers hadn’t clearly spelled out the limits.
To provide greater clarity on this right, the government enacted the Cannabis for Private Purposes Act, 2024. The latest act provides structure to what the courts had already recognised, setting down specific rules on how much you can grow, carry, or keep at home.
However, the government still needs to confirm these details.
What Does The Cannabis for Private Purposes Act Define?
For a quick summary, the act is mostly about your right as a South African to your privacy to consume cannabis. It defines a private space so adults can use cannabis in their own homes without fearing arrest.
However, it does clearly state that no one can commercially sell cannabis to the public or affect the medical framework patients are already using.
To exercise this right, adults (18+) may use cannabis, but only for private, personal purposes.
Also, this act allows you to grow, possess, and consume cannabis in your own home or other private spaces. The law also sets limits, such as caps on how much you can keep or how many plants you can cultivate.
We need to say that the government has not yet actively regulated these figures through published regulations (and it’s dragging its feet again).
For now, it’s best to stay within these limits and to exercise discretion when consuming and transporting cannabis. Always keep cannabis concealed in a smell-tight packaging.
Right! The key limits in the drafted act are:
- Seeds & seedlings: An adult person may have unlimited seeds and seedlings for personal cultivation in a private place.
- Flowering plants (private place): Up to 4 flowering plants per adult person in a private home. If two or more adults live together, up to 8 flowering plants per household.
- Dried cannabis possession in a private place: Up to 600 g per adult person, or 1,200 g per household (2+ adults).
- Dried cannabis possession in a public place: Up to 100 g in a public space, with no cultivation allowed publicly.
The Cannabis for Private Purposes Act also defines what it does not allow.
What’s Not Allowed Under the Cannabis for Private Purposes Act?
While we’ve all enjoyed seeing what the act allows, it does outline what’s not allowed. These include:
Selling or Trading Cannabis
It will come as a surprise, but no one is allowed to sell, exchange, or supply cannabis for commercial gain. This includes “donations” with a hidden price tag. Any form of trade is still illegal.
If this annoys you, you should become more active in applying legal pressure on our government. After all, the most recent official unemployment rate for South Africa is 33.2% for Q2 2025 (April–June) according to Statistics South Africa.
In a short time, businesses operating in the “grey legal area” have provided work for thousands of South Africans. We may all disagree on many government issues, but creating more jobs is a universal priority: everyone wants more opportunities for people seeking income.
Public Use
It’s important to know that smoking, vaping, or consuming cannabis in public spaces is illegal. Public spaces include:
- Streets,
- Parks,
- Public transport,
- And other communal areas.
Officially, you have to ask permission from adults in your private area to use cannabis.
Possession Beyond the Limits
As mentioned, the Act sets caps on how much dried cannabis and how many plants you can keep. Going above these limits could expose you to fines or criminal charges.
Again, be discreet and respectful.
Transporting Large Quantities
You can only carry small amounts of cannabis in public, within the legal possession limits. As mentioned, if you must travel with your stash, place it in a small, smell-proof bag.
If you are planning on flying domestically with cannabis, make sure to have your stash in your carry-on, rather than in your checked luggage, as it can sometimes “develop legs”.
The law does not allow you to transport bulk quantities, even for “private use.” Because the government has not confirmed the limits, the authority figure on the scene decides how to handle the situation.
If they’ve had a bad day, you could be in trouble. Keep quiet and don’t provoke the officer, and comply.
Supplying to Minors
The law strictly prohibits giving or selling cannabis to anyone under 18 and fines those found guilty. Make sure to store your cannabis stash far out of the reach of minors.
Key Differences Between
For those looking for the summary notes, here it is!
| Aspect | Section 21 Medical Route | Private Use Route |
|---|---|---|
| Authority | SAHPRA authorisation | Cannabis for Private Purposes Act |
| Needs a script? | Yes | Strong (under the Medicines Act) |
| Supply | Pharmacy/importer (medical-grade) | Grow yourself / source privately |
| Purpose | Medical treatment | Private, recreational, personal use |
| Legal security | Strong under the Medicines Act | Limited for private use only and no trade |
| Travel | Can apply for exemptions (with Section 21 permit & script) | Not allowed internationally |
We’re hoping you’re now annoyed with the government’s inability to pass legislation that would free many South Africans, open up more commercial opportunities, and more!
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