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New draft rules published this week would allow South Africans to have a maximum of 750 grams of cannabis in their possession. These regulations are now subject to a public participation process.
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- Draft rules relating to the possession, cultivation and transport of cannabis were published this week.
- The rules propose allowing adults to possess a maximum of 750 grams of cannabis – a lot for any standard recreational user.
- There are a few points in the proposed regulations that remain ambiguous, which may be clarified through the public participation window.
- For more financial news, visit News24 Business.
South Africans could soon be allowed to be in possession of 750 grams of cannabis, enough for about 2 000 standard joints, based on new draft rules published this week.
On Monday, the Department of Justice and Constitutional Development (DoJCD) issued draft regulations under the Cannabis for Private Purposes Act for public comment.
Interested parties will first have an opportunity to provide comments on the draft regulations before a set of final regulations is brought into effect.
Green light
The recreational use, possession and cultivation of cannabis in private became legal in 2018 following a judgment in the Constitutional Court; however, the law that creates the legal framework for that right isn’t in full effect yet.
READ | Ramaphosa’s last gift? Dagga officially decriminalised hours before SA goes to polls
The Cannabis for Private Purposes Act was assented to by President Cyril Ramaphosa in 2024 but hasn’t yet been brought into full effect by proclamation, partly because regulations have been outstanding.
The draft regulations essentially do three things that will be relevant to many users – set a limit on the amount of cannabis that an adult can possess at any given time, limit the amount of cannabis plants that can be cultivated in private, and regulate the transport of cannabis.
Carrying and cultivation
The draft regulations propose a carrying limit for adults of 750 grams of cannabis in both public and private spaces.
To put this into perspective, a 2016 research paper, which looked at over 10 000 marijuana transactions over 11 years, found that the average weight of cannabis in a joint was 0.32 grams.
While the actual weight of a joint can vary significantly, if this figure is accepted, it means South Africans will be able to possess enough weed for 2 344 joints at any one time.
The regulations also specify that a person may cultivate a maximum of 5 cannabis plants in a private place for a private purpose.
Transport
The draft regulations include a long list of rules governing the transport of cannabis.
Essentially, the rules will require people transporting cannabis to ensure that it is out of sight from the public. Cannabis should be transported in the boot of a vehicle, but if that is not possible, then it can also be stored in a storage container, the draft regulations say.
The carrying limit when transporting cannabis is also 750 grams. Any cannabis that is being transported, but has not been removed from the cannabis plant, also counts toward the 750 gram limit.
Some other interesting things to take note of in the draft regulations are that:
- People would not be allowed to transport cannabis that has been mixed with any other substance.
- It would not be permissible to handle or inspect the cannabis while it is being transported.
- Drivers would be obligated to inform passengers that the vehicle is carrying cannabis.
Hazy?
Paul-Michael Keichel, a specialist attorney at Cullinan & Associates who has been involved in cannabis legalisation efforts since 2009, said that while important questions remain, it is a good thing that the department has produced draft regulations.
He said that in previous iterations of the Private Purposes Act, the department had intended to introduce a carrying limit, but it was a good decision to rather make that stipulation in regulations, as it will be easier to change in the future if necessary.
He said the 750-gram limit is reasonable for the average user, though he noted there are no ownership limits for products, such as wine and tobacco.
Keichel flagged a couple of questions and areas of concern in the draft regulations that he thinks should be addressed:
The regulations don’t address the difference between wet and dry weight.
Keichel said the regulations do not differentiate between the wet and dry weight of cannabis. Usually, once cannabis is harvested, it is left to hang for several days to reduce moisture before it is consumed.
He said he is not an expert on how much weight is lost during this process, but believes it is “substantial”.
He noted that not differentiating between the two in determining the limit was a concern.
“It’s almost like charging somebody for having too many grapes before it’s pressed into wine,” he said.
Ambiguity around shared private spaces
Keichel added that it is not absolutely clear to him from the draft regulations whether the carrying and cultivation limits are per person or per private space.
“I’m a little bit concerned when it sets the limits on how much you can cultivate and how much you can possess in a private space. What about many people having rights to one private space? So I think it’s a little bit ambiguous. Is this to be read as per person within a private space, or is this per private space?”
He said if the limit is per private space, then if you had 10 people sharing one private space, people would only be able to cultivate half a cannabis plant per private space.
Keichel said these sorts of questions and concerns would hopefully be addressed through the public participation process by the time the final regulations are published.
The public participation window closes on 5 March 2026.
It is important to note that the regulations do not relate to the commercialisation of cannabis and do not regulate rules around the sale of the product.
READ | Slow to get high: Cannabis law not expected before 2027
The Hemp and Cannabis Commercialisation Policy, which may provide some clarity on the future of the trade and commercial growing of cannabis in South Africa, is expected to be released for public comment and cabinet approval in April this year.
