How much is enough cannabis? This is one of the central questions informing South Africa’s proposed cannabis laws, and members of the public are invited to have their say about which way they go.

The Department of Justice and Constitutional Development (DoJCD) officially published draft regulations under the Cannabis for Private Purposes Act, 2024, with public comment until March 5.

These proposed regulations aim to clarify one of the biggest grey areas since cannabis was decriminalised: How much cannabis adults can legally possess or grow for private use.

How did we get here?

This started in 2018, when the Constitutional Court ruled that criminalising the private use or possession of cannabis by adults was unconstitutional.

In its landmark judgment, the court found that such criminalisation was not reasonable or justifiable in a democratic society.

While the ruling effectively decriminalised private adult use, it left several practical questions unanswered, particularly limits on possession and cultivation. The court left these details to Parliament.

That led to the passing of the Cannabis for Private Purposes Act, 2024, which formally established a legal framework for:

· Private use of cannabis by adults
· Possession, cultivation and transportation for private purposes
· The expungement of criminal records for certain past cannabis-related offences

What do the new draft regulations propose?

The newly published draft regulations focus on upper limits, defining what counts as private use. They deal strictly with private use, not commercial cannabis.

According to the department, the minister of justice considered several factors when developing the draft, including:

· What would reasonably constitute private use?
· How many cannabis plants are needed to support that use?
· International benchmarks from countries with similar laws

It’s important to be clear about what these regulations do not cover:

· Buying and selling cannabis remains illegal under this Act
· Commercial cultivation and trade fall outside its scope

Issues relating to traditional growers and the cannabis economy are being addressed by other departments, including Trade, Industry and Competition; Agriculture and Health.

What about children?

Both the Constitutional Court judgment and the act apply only to adults aged 18 and older. While a later court ruling found that criminalising a child for cannabis use was not in the child’s best interests, the law places clear responsibility on adults.

There are ongoing medical concerns about the impact of cannabis on the developing brain, which is why it’s a criminal offence for an adult to allow a child to use or possess cannabis, or to supply a child with cannabis.

How can you comment?

Citizens are encouraged to participate in the consultation process. Draft regulations are available on the DoJCD website and in the Government Gazette, with written submissions sent to the department by March 5.

All comments will be reviewed before the regulations are finalised and submitted to Parliament for approval.

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