New rules for cannabis in South Africa

South Africans could soon face legal limits on how much cannabis they can grow, possess, or transport — and the government wants the public to weigh in.

The Department of Justice and Constitutional Development has opened comment on draft regulations aimed at implementing the Cannabis for Private Purposes Act (CPPA) (Act No. 7 of 2024), which decriminalised adult cannabis use in private.

Published on 3 February 2026, the draft rules set clear boundaries: adults may possess up to 750 grams of cannabis at home, cultivate no more than five plants, and must transport it out of public view.

Trading cannabis for any form of compensation is listed among the most serious offences, punishable by a fine or imprisonment of up to 20 years.

The draft also prohibits involving minors in any cannabis-related activity, including using cannabis in the presence of a child or allowing a child to use it. Contraventions may result in imprisonment of up to 10 years.

However, the Constitution and the Children’s Act provide that legal responses involving children and illegal substances should be guided by the “best interests of the child” principle, prioritising protection and social intervention rather than criminal punishment.

The draft regulations also reflect the continued split between personal cannabis use and the heavily regulated commercial cannabis industry.

Commercial cannabis products include CBD products, edibles and hemp-based goods. There is currently no legal framework allowing the sale of recreational cannabis products to the public.

Medical cannabis products must comply with the South African Health Products Regulatory Authority (SAHPRA).

Companies must obtain a Section 22C licence from SAHPRA to cultivate or manufacture cannabis for medical purposes.

In early 2025, the Department of Health attempted to ban cannabis-infused food products and hemp seed products under the Foodstuffs, Cosmetics and Disinfectants Act.

Advocacy groups, including Fields of Green for ALL, have opposed the draft regulations, arguing that several provisions contradict the Act itself.

The organisation criticised the draft on its website, warning that the proposed regulations could remove rights that have already been granted through previous court rulings and legislation.

Public comment on the draft is open until Thursday, 5 March 2026, and submissions may be made directly to the department.

Others v Prince

The publication of the CPPA draft regulations follows the landmark 2018 Constitutional Court case Minister of Justice and Constitutional Development and Others v Prince, which marked the beginning of cannabis decriminalisation in South Africa.

The case followed decades of legal challenges by Gareth Prince, a prominent human rights activist, legal professional and Rastafarian who has long campaigned for cannabis law reform.

Prince first approached the courts in 2002, seeking a religious exemption for cannabis use by Rastafarians. That case was unsuccessful.

In the late 1990s, the Law Society of the Cape of Good Hope also refused to register Prince’s contract of community service due to his cannabis possession convictions and his refusal to stop using cannabis for religious reasons.

While the Constitutional Court rejected his religious freedom argument in 2002, Prince’s most significant legal victory came on 18 September 2018, when the court ruled that the private use, possession and cultivation of cannabis by adults should be decriminalised.

Prince told Newsday that the draft regulations highlighted a disconnect between lawmakers and ordinary South Africans.

“Lawmaking is a participatory process and the cannabis community was brutally sidelined. Parliament pretended to listen but they didn’t hear us,” he said.

Prince remains concerned about the religious and cultural implications of the regulations, arguing that cannabis use has historically been embedded in South African customs and practices.

He also criticised the draft for focusing heavily on punishment rather than the rights of cannabis users.

As recently as late 2024, Prince continued to work with the South African Human Rights Commission (SAHRC) on concerns relating to the wrongful arrest of adult cannabis users.

In March 2025, the SAHRC awarded Prince a Citation of Honour for his contribution to human rights and the advancement of the Bill of Rights.

Prince remains a prominent voice in the cannabis industry and has recently criticised government attempts to restrict cannabis-infused products.

He has also been involved in regulatory discussions through the Presidential Cannabis and Hemp Steering Committee and the Cannabis Development Council of South Africa.

Prince said he believed the draft regulations were one-sided and doubted public participation would significantly influence their final form.

“The regulations do not acknowledge the rights of cannabis users, or speak to South African conditions. It’s back to court for the cannabis community,” he said.

A comment was sought from Department of Justice and Constitutional Development spokesperson Terrence Manase, but he could not be reached by the publication deadline.

• By Zané Steyn for Newsday.