On 20 February 2026, draft Regulations were published for public comment under theCannabis for Private Purposes Act, 2024 (Act No. 7 of 2024).
These draft Regulations provide the operational detail required to implement the Act, which was signed into law on 28 May 2024. Although the Act establishes a permanent legal framework for private adult use of cannabis, most of its provisions have not yet commenced and will take effect on a date determined by the President.
Until full commencement, the legal position remains primarily informed by the 2018 Constitutional Court judgment which decriminalised the private use and possession of cannabis by adults.
1. Overview of the Cannabis for Private Purposes Act, 2024
The Act aims to:
- Respect the constitutional right to privacy of adults who use or possess cannabis in private.
- Regulate private use, possession and cultivation by adults.
- Provide an alternative child-centred approach to unlawful use or possession by minors, aligned with the best interests of the child.
- Prohibit dealing in cannabis.
- Provide for expungement of certain historical cannabis-related convictions.
- Amend provisions of other legislation.
2. Amendments to Existing Legislation Drugs and Drug Trafficking Act, 1992
The Act deletes the following from Schedule 2:
- Cannabis (dagga)
- Tetrahydrocannabinol (THC)
- Dronabinol (medicinal preparation)
This amendment aligns statutory schedules with the Constitutional Court’s position regarding private adult use.
National Road Traffic Act, 1996
Significant amendments have been made to driving-under-the-influence provisions. Threshold limits now explicitly address:
- Alcohol
- Δ9-tetrahydrocannabinol (Δ9-THC)
- Combined alcohol and THC concentrations
Professional Drivers
A professional driver may not drive with:
- ≥ 0.02 g alcohol per 100 ml blood
- ≥ 200 ng THC per 100 ml blood (2 ng/ml)
- ≥ 0.01 g alcohol + 100 ng THC per 100 ml blood
Non-Professional Drivers
A non-professional driver may not drive with:
- ≥ 0.05 g alcohol per 100 ml blood
- ≥ 500 ng THC per 100 ml blood (5 ng/ml)
- ≥ 0.025 g alcohol + 250 ng THC per 100 ml blood (2.5 ng/ml)
These provisions have substantial implications for:
- Occupational health practitioners
- Transport operators
- Employers with professional drivers
- Workplace substance-use policies
3. Key Provisions in the Draft Regulations
The draft Regulations provide implementation detail in the following areas:
3.1 Allowances for Adults (18+ Years)
Under the Act and draft Regulations, adults may:
Cultivate
- Up to 5 cannabis plants per adult at any given time for private purposes.
Possess in Private
- Up to 750 grams of dried cannabis in a private place.
Possess in Public
- Up to 750 grams of dried cannabis, provided it is concealed from public view.
Share
- Provide cannabis to another adult, provided there is no exchange of consideration (no money, gifts, services or favours).
Importantly, this does not create a commercial market. Any form of dealing remains unlawful.
3.2 Strict Prohibitions and Offences
Despite expanded private allowances, several strict prohibitions remain:
No Dealing
- Buying, selling or trading cannabis remains a criminal offence.
- Penalty: Up to 10 years’ imprisonment.
No Public Use
- Smoking or consuming cannabis in a public place is prohibited.
Vehicle Restrictions
- Using cannabis while in a vehicle on a public road is an offence.
- A passenger carrying cannabis must:
- Inform the driver.
- Ensure it is concealed from public view.
Nuisance Provisions
- Smoking in a private place that causes a nuisance to others (e.g. near windows, doorways, ventilation systems) is prohibited.
These nuisance and vehicle provisions will likely have implications for residential estates, sectional title schemes, and employer transport policies.
3.3 Protection of Children
The Act places strong emphasis on child protection.
Secure Storage
- Cannabis must be stored in a secure space inaccessible to children.
- Failure to do so may result in a fine.
Immediate Presence
- Smoking cannabis in the immediate presence of a child is a criminal offence.
Supply to Minors
- Supplying cannabis to a child is prohibited, unless prescribed by a medical practitioner.
From a policy perspective, this section reflects the Legislature’s attempt to balance privacy rights with safeguarding obligations.
3.4 Expungement of Criminal Records
The Act provides for expungement of certain historical convictions:
- Automatic expungement for minor possession or use offences under previous legislation.
- Where not automatic, individuals may apply to the Department of Justice and Constitutional Development.
- The draft Regulations provide procedural details.
This provision aims to address the constitutional invalidity of prior criminalisation.
4. Key Definitions
The draft Regulations clarify important terms:
Private Place
Includes:
- Houses and buildings
- Mobile homes
- Tents
- Communal land used exclusively by members of a community
Cannabis
Refers specifically to:
- The flowering or fruiting tops
Excludes:
- Seeds
- Stalks
- Leaves without flowers or fruit
These definitions are critical for enforcement and compliance interpretation.
5. Public Participation Process
The Department of Justice and Constitutional Development has invited written submissions on the draft Regulations under the Cannabis for Private Purposes Act, 2024.
Stakeholders — including employers, health professionals, transport operators, and policy advisers — should carefully review the draft provisions and consider submitting comments.
Practical Implications
For employers and occupational health practitioners, the following areas warrant immediate review:
- Workplace substance-use policies
- Fitness-for-duty standards
- Driver screening thresholds
- Employee education programmes
- Secure storage requirements in staff accommodation
The regulatory landscape is evolving from constitutional decriminalisation to structured statutory regulation. The draft Regulations represent the next phase of formal implementation.
If you would like, I can also produce:
- A shorter executive summary version for LinkedIn
- A client advisory circular
- A medico-legal analysis focused specifically on workplace implications
- A compliance checklist for employers
