News:2026-02-02/Policy/justice-department-publishes-draft-regulations-setting-cannabis-possession-and-cultivation-limits

News record2 February 2026Policy

Justice department publishes draft regulations setting cannabis possession and cultivation limits

The Department of Justice and Constitutional Development published draft Regulations for the Private Use of Cannabis on 2 February 2026, made under the Cannabis for Private Purposes Act 7 of 2024. The draft proposes that an adult may possess up to 750 grammes of cannabis in private and in public, may transport the same quantity in a single day provided it is concealed in a boot or enclosed compartment and not handled while the vehicle is moving, and may cultivate up to five plants for private use. The draft also sets out an application based pathway for the expungement of cannabis convictions predating decriminalisation. These are the first detailed quantitative rules proposed since the Constitutional Court judgment of 2018 decriminalised private adult use without setting limits. Public comment closed on 5 March 2026, and a parliamentary committee briefing on 6 March confirmed the regulations remained with the department. The regulations are in draft and had not been brought into force at the time of this record, and they are separate from a broader Cannabis Bill covering commercialisation and licensing.

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• 2 Feb 2026South Africa publishes draft cannabis limits of 750 g possession and five plants for private use

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Date2 Feb 2026

CategoryPolicy

CountrySouth Africa

AgencyDepartment of Justice and Constitutional Development

Coordinates-25.75, 28.19

Coordinates are approximate.

Source report

2026-02-02 Policy Justice department publishes draft regulations setting cannabis possession and cultivation limits The Department of Justice and Constitutional Development published draft Regulations for the Private Use of Cannabis on 2 February 2026, made under the Cannabis for Private Purposes Act 7 of 2024. The draft proposes that an adult may possess up to 750 grammes of cannabis in private and in public, may transport the same quantity in a single day provided it is concealed in a boot or enclosed compartment and not handled while the vehicle is moving, and may cultivate up to five plants for private use. The draft also sets out an application based pathway for the expungement of cannabis convictions predating decriminalisation. These are the first detailed quantitative rules proposed since the Constitutional Court judgment of 2018 decriminalised private adult use without setting limits. Public comment closed on 5 March 2026, and a parliamentary committee briefing on 6 March confirmed the regulations remained with the department. The regulations are in draft and had not been brought into force at the time of this record, and they are separate from a broader Cannabis Bill covering commercialisation and licensing. https://www.justice.gov.za/m statements/2026/20260203-CannabisDraftRegulations-Min.html South Africa Department of Justice and Constitutional Development 25° 45' 0.00" S, 28° 11' 24.00" E administrative seat