You’ve probably noticed the surge of dagga outlets, private clubs, and online stores opening up, but what are South Africa’s laws about Cannabis use?
South Africa’s current cannabis laws allow private possession and personal use, but still ban the trade, sale, and public consumption of cannabis.
You may legally grow and use cannabis in a private space, but South African law still prohibits buying or selling marijuana.
So, what’s actually going on with the legalisation of cannabis use in Mzansi?
Let’s go back to the start before we get swept up in what we call the ‘grey area of the law’!
Legally Speaking: The Start Of South Africa’s Decriminalisation of Cannabis
In September 2018, the Constitutional Court in Minister of Justice & Others v Prince ruled that it is unconstitutional to criminalise the use, possession, or cultivation of cannabis by adults in private for personal consumption.
The court gave the South African Parliament 24 months to amend the laws accordingly.
On the Eve of the National Elections
However, these amendments took longer to implement than stated/recommended, and in May 2024 (on the evening before the 2024 national elections), Parliament passed them.
The President signed the Cannabis for Private Purposes Act 7 of 2024 (“Cannabis Act”), which provides a statutory framework for private use, cultivation, and possession, and also provides for the expungement of certain prior convictions.
“[Ramaphosa] finally found his pen at last, and cannabis is no longer classified as a dangerous, dependence-producing substance in South Africa,” – Myrtle Clarke, co-founder of Fields of Green for ALL, an NGO which campaigns for cannabis reform.
What Was Signed Into Law?
For those looking to skim-read this act, its goals are to:
- respect the right to privacy of an adult person to use or possess cannabis;
- regulate the use or possession of cannabis by an adult person;
- provide for an alternative manner by which to address the issue of the prohibited use, possession of, or dealing in, cannabis by children, with due regard to the best interest of the child;
- prohibit the dealing in cannabis;
- provide for the expungement of criminal records of persons convicted of possession or use of cannabis or dealing in cannabis based on a presumption;
- amend provisions of certain laws; and
- provide for matters connected therewith.
With this new act, two other acts are going to need amendments, which are:
According to Qure, the Cannabis Act significantly redefines marijuana: it no longer refers to the whole plant but specifically to the flower (the part you smoke) and its use in making other products. Qure also clarifies what the law excludes, such as seeds, seedlings, stalks, leaves, and branches.
Now that we’ve copied and pasted what the new Cannabis Act has highlighted as legal, let’s break this down into something a bit simpler!
What is Legal in South Africa Now?
Right! Now that we’ve covered much of the “legalese”, what are the laws in South Africa about cannabis Use
Here is what is officially legal under the Cannabis Act 2024 and the Constitutional Court ruling:
| Activity | Legal / Permitted | Limits / Conditions |
|---|---|---|
| Cultivation (private use) | Yes, for adults in private places | Up to 4 flowering cannabis plants per adult in a private space. In a household with multiple adults, up to 8 flowering plants per household. |
| Possession (private) | Yes | Up to 600 grams of dried cannabis per adult in a private space. For a household, the recommended amount is up to 1,200 grams. You can legally carry 100g of dried herb, which applies to the amount you can carry onto a local South African flight. |
| Sharing / gifting (no sale) | Allowed in certain limits | Can gift up to 100 grams of dried cannabis. Also up to 30 seeds or seedlings. |
| Use / consumption in private | Yes | But consumption is restricted to “private places.” Public use is prohibited. |
| Expungement of prior convictions | Yes | The Act provides for the expungement of certain criminal records for persons convicted for possession or use of cannabis under earlier laws. |
Now that we’ve gone over what’s legal, let’s focus on the legal no-nos of cannabis use.
Illegal Uses of Cannabis In South Africa
Now that we’ve established that using cannabis is only in a private space, it’s important to note the definition of private use. Most would assume lighting up in a lovely backyard is fine, but cannabis cannot be used, even in a private setting, near:
- A window to another private space or public area,
- A ventilation inlet to another property or public area,
- A doorway leading to another room or public area,
- Or near an entrance to another place is not allowed.
If you’re found to be violating this code, you will be liable for a R2,000 fine.
Also, you cannot use cannabis in the presence of a non-consenting adult. So, ask your friends around the braai if you may light up, because using cannabis around adults must be consensual; otherwise, authorities can fine you R2,000.
And for the love of all things decent, please don’t deal cannabis to children or smoke cannabis in their presence, or have them play around with it, as again, you’ll be liable for a R2,000 fine.
Adults are now responsible for taking measures to ensure that any cannabis they own is not accessible to children, or, as you might have assumed, you’re going to need to pay a R2,000 fine if convicted.
Lastly, don’t smoke and drive, as any person in a vehicle on a public road caught consuming cannabis is liable to pay a fine of up to R2,000.
Generally speaking, don’t use cannabis near children, non-consenting adults, when operating a motor vehicle, or in public spaces.
If you’ve read all of the above and still feel confused about why so many cannabis outlets operate in South Africa, we’ll take a deeper dive into the grey legal space.
How Are There Dispensaries Selling Cannabis In South Africa?
It is going to come as a shock, but the short answer is: there is still no general retail right to sell adult-use cannabis in South Africa.
All cannabis clubs and dispensaries are operating in a very “gray legal’ area. However, due to the slow revisions on Cannabis Acts and Bills, most retailers in the segment have opted to use legal loopholes.
It’s essentially a smoke-and-mirrors exercise, designed to keep law enforcement confused. After all, we can be pretty sure that police don’t carry scales for weighing dried herbs?
Buying products from these establishments is incredibly risky, and we strongly advise caution, since law enforcement can catch you in the crossfire with these outlets.
But what is the law these outlets are highlighting?
Section 21 (Medicines / Authorisations) Approach
Sure, this isn’t the most exciting topic, but bear with me!
The South African Health Products Regulatory Authority (SAHPRA) allows certain companies to cultivate and manufacture cannabis goods with a licence to do so. SAHPRA regulates South Africa’s prescription medicinal use under the Medicines and Related Substances Act, 1965.
Under Section 21 of the Medicines and Related Substances Act, doctors can apply to prescribe the use of unregistered cannabis medicines for individual patients.
SAHPRA grants the authorisation on a case-by-case basis, often for conditions like chronic pain, epilepsy, cancer, or multiple sclerosis. You must source the product from a licensed local grower or producer, or import it legally.
However, SAHPRA has repeatedly warned against:
- Unregistered cannabis products are being sold as medicines or supplements.
- Dispensaries and shops are making medicinal claims without approvals.
- Edibles and infused foods, which are currently under Department of Health control (and banned as of 2025).
- Enforcement is selective but increasing, especially as the 2024 Cannabis for Private Purposes Act intersects with health law.
There is another route some retailers are using to sell their new products.
Traditional Healer, Medicinal, or Ancestral Use Claiming Exemption
Some outlets claim that their cannabis is legal under traditional healer laws or uses, thereby arguing that what they’re doing is a part of traditional or ancestral medicine rather than recreational sales.
The business Cannapax reportedly claimed legal permission to ‘sell dagga as medicine’ by presenting themselves as traditional healers and invoking the Traditional Health Practitioners Act as a legal shield.
This argument remains shaky because the law still classifies any ‘sale’ outside regulated medicinal cannabis licensing as dealing under existing statutes. The courts have not definitively sanctioned such claims as protecting recreational dispensaries.
But the fact is, the current act needs to clarify far more before you can enjoy your cannabis at home. Also, can we be frank, you can carry up to 100g of herb in public, that’s a lot.
So, if this is all clear-cut, why do these loopholes seem to persist?
Confusion All Around!
The confusion remains due to several elements, which include:
- The lack of regulations and clarity results in patchy and inconsistent enforcement, prompting operators to test boundaries.
- Political and social inertia, as the government has moved slowly to finalise commercial cannabis rules, leaving gaps in the meantime.
- Appeals or settlements have paused some existing court judgments, leaving uncertainty.
Clarke from Fields of Green for All told Al Jazeera that the real challenge now lies in putting proper regulations in place for the cannabis trade.
If you do want more clarity around cannabis use, the best route is to sponsor organizations such as Fields of Green for All, which have been working towards the legalization of cannabis for years!
Also, as a general tip for active cannabis users using dispensaries around the country, remember that the best course of legal action right now is not to get caught.
Be discreet when using cannabis, and be polite to police who are questioning you about overstepping their interpretation of the law.
After all, it’s not their fault they don’t understand what’s going on; it’s up to lawmakers in government to clarify these misunderstandings.
