South Africa Invites Public Comment on Draft Cannabis Regulations Under the Cannabis for Private Purposes Act

The South African Government has taken another important step in implementing the Cannabis for Private Purposes Act, 2024 (Act No. 7 of 2024) by publishing draft regulations for public comment.

Announced by the Ministry of Justice and Constitutional Development on 3 February 2026, the draft regulations are intended to provide practical guidance on how the Act will be implemented. They cover important issues such as the possession, cultivation and transportation of cannabis for private personal use, as well as the administrative process for the expungement of certain cannabis-related criminal records.

Why the Regulations Matter

The Cannabis for Private Purposes Act was enacted following the landmark Constitutional Court judgment in Minister of Justice and Constitutional Development and Others v Prince and Others (2018), which held that adults have a constitutional right to use, possess and cultivate cannabis in private for personal consumption.

Although the Act established the legal framework, many operational details were left to regulations issued by the Minister of Justice and Constitutional Development. The newly published draft regulations aim to provide this much-needed clarity.

Key Proposals in the Draft Regulations

According to the Ministry, the draft regulations include provisions relating to:

The maximum quantities of cannabis adults may legally possess for private use.

The number of cannabis plants that may be cultivated for personal use.

Rules governing the transportation of cannabis intended for private use.

Administrative procedures for the expungement of qualifying cannabis-related criminal records.

Procedures necessary for implementing the Cannabis for Private Purposes Act.

These regulations are intended to ensure that the Act can be applied consistently while respecting the Constitutional Court's judgment.

Commercial Cannabis Is Still Not Legalised

One of the most important points for consumers and businesses to understand is that the Cannabis for Private Purposes Act does not legalise the commercial sale of cannabis.

The legislation only regulates private personal use by adults. The buying and selling of cannabis, commercial retail stores, and broader commercial licensing remain outside the scope of the Act and continue to be regulated under other applicable laws until Parliament introduces further legislation.

Businesses operating within South Africa's cannabis industry should therefore continue ensuring that their activities comply with all existing legislation.

Public Participation

Government has invited members of the public, industry stakeholders, advocacy organisations and interested parties to submit written comments on the proposed regulations.

Public participation forms an essential part of South Africa's law-making process, allowing citizens and organisations to contribute to legislation before regulations are finalised.

Following the public consultation process, the Minister will consider submissions before publishing the final regulations.

What This Means for the Cannabis Industry

The publication of these draft regulations represents another milestone in South Africa's evolving cannabis landscape.

While they do not establish a commercial cannabis market, they provide greater certainty regarding the implementation of private cannabis rights recognised by the Constitutional Court and the Cannabis for Private Purposes Act.

Cannabis consumers, advocacy groups, cannabis clubs and businesses should carefully review the proposed regulations and consider participating in the public consultation process to help shape the future of cannabis regulation in South Africa.

References

Republic of South Africa. Ministry of Justice and Constitutional Development. Draft Regulations under the Cannabis for Private Purposes Act for Public Comment. Published 3 February 2026. Available at: https://www.gov.za/news/media-statements/justice-and-constitutional-development-draft-regulations-under-cannabis

Republic of South Africa. Cannabis for Private Purposes Act, 2024 (Act No. 7 of 2024).

Constitutional Court of South Africa. Minister of Justice and Constitutional Development and Others v Prince and Others [2018] ZACC 30.

Constitution of the Republic of South Africa, 1996.