Justice Dept Publishes Draft Regulations for Cannabis Act, Invites Public Input by 5 March 2026
The draft regulations for the Cannabis Act have finally been released. They propose a legal maximum possession of five cannabis plants by an individual adult and up to 750 grams of dried flower. The regulations also allow for the expungement of criminal records relating to cannabis, but commercial trade remains outlawed.
2026/02/04 02:41
The Ministry of Justice and Constitutional Development has published draftregulations in terms of the Cannabis for Private Purposes Act, 2024 (Act No. 7 of 2024), for public comment. They were gazetted on 3 February 2026, 20 months after the Act was signed into law by President Ramaphosa shortly before the May 2024 general elections.
The draft regulations allow for an individual adult to possess up to 750 grams of cannabis flower on any given day, and grow up to five plants of any strain.
The regulations do not allow for either the seeds or cannabis flower to be purchased, which as many observers have pointed out, is an inherent deficiency in the law as any commercial transactions of cannabis remain prohibited. The regulations also make no mention of private cannabis clubs or legacy communities, which therefore remain consigned to the ‘Grey Zone’ until the cannabis commercialization policy is developed separately.
The Justice Ministry says regulations governing the trade of cannabis fall completely outside of its scope as it’s task was to give effect to the Constitutional Court decision of 2018 which affirmed the legal right to possess and consume cannabis privately.
“Matters relating to the commercial cultivation, buying or selling of cannabis or cannabis products, as well as the recognition of traditional growers, fall outside the scope of the Act and are being addressed by other government departments, including those responsible for Trade, Industry and Competition, Agriculture, and Health” said the Ministry in a media statement issued on 3 February 2025.
It says the Act provides a regulatory framework for the use, possession, cultivation, and transportation of cannabis for private purposes and makes provision for the expungement of criminal records for persons previously convicted of certain cannabis- related offences.
“While the Constitutional Court did not prescribe specific limits on the quantity of cannabis that may be possessed or cultivated for private use, it left this determination to Parliament” says the statement.
“The Act accordingly empowers the Minister of Justice and Constitutional Development to determine such limits through regulations.
“In developing the draft regulations, the Minister considered a range of factors, including what may reasonably constitute private use, the number of cannabis plants required to support such use, and relevant international benchmarks.”
The Justice Department says members of the public and interested stakeholders are invited to submit written comments to the Department by 5 March 2026.
“All submissions received will be carefully considered before the regulations are finalised. Once finalised, the proposed limits will be submitted to Parliament for approval prior to coming into effect.”
It concludes: “The Department of Justice and Constitutional Development encourages constructive public participation in this consultation process as part of its commitment to transparent and inclusive law-making.