South Africa’s New Cannabis Regulations: Why Your Input Matters

Article written by Leela Baer.

From the limit on possession at only 750 grams of cannabis to the restriction of only growing 5 plants at a time regardless of where plants are at in their growcycle, it is clear that if these proposed regulations pass that cannabis users and growers of all kinds face being criminalised once again.

Transportation of cannabis appears lenient and sensible enough. That is until it gets to the part where drivers and passengers have to disclose to each other that they are carrying cannabis.

Expungement of certain cannabis-related criminal records is now a deeply bureaucratic process that was  initially set to be automated, as seen in the first draft bill (2020) of what became the CfPPA.

It is fair to assume that those in the Department of Justice and Constitutional Development responsible for promulgating the regulations have not properly consulted the 2018 Constitutional Court Ruling that sought to ensure the privacy, and indeed dignity, of South Africa’s cannabis users.

Thankfully, public comments are open until 5 March 2026. Now is the time for the wider South African cannabis community to make our voices heard and ensure that we do not face Prohibition 2.0.

Let’s break the proposed regulations down, and the reasons they need to be challenged through our public comments.

Arbitrary Possession Limits: The 750-Gram Cap

According to the proposed regulations, the “amount of cannabis that may be possessed by an adult person in a private space for private purpose may not exceed 750 grams at any given time during the course of a single day”. The same maximum amount of 750 grams extends to cannabis possessed in public for private purpose in a single day.

While this amount may seem fair to non-users, it is not based on evidence, nor does it speak to the many, varied use needs. For example, extracting cannabis for FECO or dab leaves one with a meagre 10% of the starting amount. Indeed, extracts are not even provisioned in the proposed regulations.

A blunt oversight in this proposed regulation is that there is no clear definition if the maximum amount is for just harvested flower, or dried and cured flower.

The 5-Plant Limit: Restrictions on Private Cultivation

The proposed regulations state that 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”.

Arbitrarily limiting how many plants can be cultivated is also not founded on evidence. It is unknown if only 5 plants can be grown in private space, or if each adult in that private space can grow 5 plants. Ensuring a successful growing season through any means - clones, starting with enough to cover losses - will effectively criminalise private cultivators.

Concerns Regarding the Transportation of Cannabis in South Africa

The draft regulations outline that the “amount of cannabis, including cannabis that has not been removed from the cannabis plant, that any adult person may transport for private purpose may not cumulatively exceed 750 grams at any given time during the course of a single day”.

This is highly concerning. Years of unlawful action by the police has taught cannabis users not to trust them to discern what is ready for harvest and what is not.

The CfPPA defines cannabis as the “flowering or fruiting tops of a cannabis plant [...] but excludes any seed, seedling, the stalk, leaves and branches without any fruit or flower, and the roots of a cannabis plant”. However, trusting the cops on this should they find cannabis of any kind in the private space of one’s vehicle remains risky business.

The proposed regulations further outline restrictions, obligations, and standards for transporting cannabis like properly concealing cannabis from public view and that cannabis may not be handled, held, examined, or inspected during transport.

While this makes sense on the surface, concerns abound on the requirement for drivers and passengers to disclose to each other how much cannabis they may be carrying. Civil society should not have to police each other on what they do with their private space, which includes one’s car and person.

How to Submit Your Public Comments to the Department of Justice

If these proposed regulations cannot pass constitutional and legal muster, they cannot be enacted. We do not need to be re-criminalised for how many plants we cultivate, how much cannabis we possess, or how much we transport. It is up to us to make sure we get regulations that are reasonable, constitutionally sound, and inclusive.

Email your public comments to Mr M Mokulubete, Minister of Justice and Constitutional Development at MMokulubete@justice.co.za by 5 March 2026.