Pretoria: The Department of Justice and Constitutional Development (DJCOD) has opened the floor for public input on the proposed regulations under the Cannabis for Private Purposes Act, 2024. These draft regulations are now available for review on the department’s website and in the Government Gazette, with the public and stakeholders encouraged to submit written feedback by 5 March 2026. The DJCOD has assured that all feedback will be thoroughly evaluated before finalizing the regulations, which will then be presented to Parliament for approval.

According to South African Government News Agency, the draft regulations aim to establish upper limits for the possession and cultivation of cannabis for private use, as part of the ongoing implementation of the Act. The department highlighted that the Minister considered numerous factors in developing these regulations, including what may reasonably be considered private use and the number of cannabis plants needed to support such use. Additionally, the draft regulations outline administrative and technical procedures for the expungement of qualifying criminal records.

The backdrop to these developments is a Constitutional Court judgement from eight years ago, which found criminalizing the private use of cannabis by adults to be unreasonable and unjustifiable in a democratic society. As a result, Parliament enacted the Cannabis for Private Purposes Act, 2024, providing a regulatory framework for the private use, possession, cultivation, and transportation of cannabis, as well as provisions for expunging related criminal records.

The scope of the Act is limited to private use and does not cover the commercial aspects of cannabis cultivation, buying, or selling, which are being addressed by other government departments. Moreover, the Act does not permit cannabis use by individuals under 18, due to health concerns about its impact on young brains. The Act does, however, criminalize adults who allow or supply cannabis to minors, reinforcing its focus on adult private use as per the Constitutional Court’s decision.