‘Who is going to come and count our Cannabis plants?’

On Tuesday the Department of Justice and Constitutional Development released a media statement inviting public commentary on draft regulations surrounding the private use of cannabis by 5 March 2026. The developing draft regulations, under the Cannabis for Private Purposes Act, 2024 outlined the maximum amount of cannabis that may be possessed by an adult in private and public areas may not exceed 750g.

The Cannabis for Private Purpose Act, 2024

The Act provides a regulated framework for the use, possession, cultivation, and transportation of cannabis for private reasons. It also makes provision for the expungement of criminal records for those who have been previously convicted of specific cannabis-related offences.

In 2018, the Constitutional Court unanimously agreed that the criminalization of the use or possession of cannabis by an adult for private purposes was not reasonable and justifiable in a democratic society rooted in human dignity, equality, and freedom.

Since the Constitutional Court Judgement aligned South Africa with a growing number of jurisdictions that allow the private use of cannabis, the use or possession of cannabis by an adult, has not constituted a criminal offence. The use of cannabis by children remains prohibited, primarily due to medical concerns regarding their brain development.

However, matters related to the commercial cultivation, the purchasing and sale of cannabis or cannabis products including the recognition of traditional; growers, fall outside the scope of the Act. Under the draft regulation, “the transportation of cannabis from one place to another is restricted to the amount of cannabis prescribed.” The private cultivation of cannabis plants may not exceed a total of 5 plants, regardless of the size, shape, or strain of the cannabis plant.

‘Who is going to come and count our plants?’

The CEO from the Fields of Green For All non-profit company, Myrtle Clarke posted a video on social media encouraging the Cannabis community to interact respectfully, precisely and to “make a meaningful contribution to this process”. According to Clarke the bottom line is the police enforcement to which she posed the question, “Who is going to come and count our plants?” According to the Department of Justice and Constitutional Development the public’s submissions will be considered before finalizing the regulations through Parliamentary approval prior to coming into effect.

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