It’s been just over 7 years since the Constitutional Court, in the landmark judgment of Prince, confirmed an order of constitutional invalidity made by the Western Cape High Court, which declared legislation criminalising the use, possession, purchase and cultivation of cannabis unconstitutional. The Constitutional Court suspended the order for a period of 24 months to allow Parliament to remedy various provisions of the Drugs and Drug Trafficking Act and the Medicines and Related Substances Act.
Parliament fell short of the deadline; however, after multiple extensions of the order of invalidity, the Cannabis for Private Purposes Act (the Act) was finally passed and signed into law on 28 May 2024. The Act, however, is not in full effect yet pending the finalisation of certain regulations thereto.
On 3 February 2026, The Department of Justice and Constitutional Development published the first set of draft regulations and has called for public comments by 5 March 2026. What follows is a brief, high-level summary of the draft regulations.
Summary of the Regulations
- No adult may possess more than 750 grams of cannabis, during the course of a single day, in a private or public space for their private use;
- Regardless of size, shape or strain of the cannabis plant, no adult may cultivate more than 5 cannabis plants at any given time for their private use;
- No adult may transport more than 750 grams of cannabis during the course of a single day. This included cannabis that has not been removed from the plant;
- Cannabis being transported must be concealed from public view – this can be done through storing the cannabis in one’s trunk, the back of one’s car or in an enclosed storage compartment of the car;
- If that is not possible, one may transport the cannabis in a storage container, provided that the structure ensures that the cannabis is concealed from public view;
- The person transporting such cannabis may not mix the cannabis or possess cannabis mixed with any other substance that is transported on a public road;
- Such person may also not hold, handle or examine the cannabis being transported, while transporting the cannabis;
- Such transporter may not reveal to a non-passenger that the vehicle is transporting cannabis;
- The transporter must notify any passengers in his vehicle that he is transporting cannabis before entering the vehicle; and
- If a passenger notifies the transporter that he is transporting cannabis, it is the transporter’s duty to ensure that these regulations are adhered to.
Not a free-for-all
The draft regulations are a clear reminder that cannabis use in South Africa is not a free-for-all. While private use is constitutionally protected, it is now tightly regulated with strict limits on possession, cultivation, and transport. What may appear to be minor technical breaches, such as exceeding plant limits or improper transport, can amount to criminal offences once these regulations come into force.
As these rules will define the practical boundaries of lawful conduct under section 4 of the Cannabis for Private Purposes Act, ignorance of the rules will offer no protection. Individuals who choose to engage in private cannabis use must understand and comply with the regulations, or risk criminal liability. The current public comment period is therefore not a formality but a crucial opportunity for the public to shape a regulatory framework that is enforceable, fair, and constitutionally sound.
