South Africa is taking another important step towards defining the legal framework for private cannabis use.
New draft regulations published under the Cannabis for Private Purposes Act, 2024 propose clear limits for how much cannabis an adult may possess, transport and cultivate for private purposes.
Among the most significant proposals are a 750-gram possession limit and the cultivation of up to five cannabis plants per adult.
However, these limits are not yet final law. The regulations remain part of the implementation process surrounding South Africa’s evolving cannabis legislation.
What do the new draft cannabis regulations propose?
The draft regulations published by the Department of Justice and Constitutional Development propose that an adult may possess up to 750 grams of cannabis for private purposes.
The proposed limit would apply to possession at both private and public places and would also establish a clearer framework for transporting cannabis for private purposes.
For home cultivation, the proposed maximum is:
Five cannabis plants per adult at a private place.
An adult is defined as a person aged 18 years or older.
These proposed limits are significant because South African law has allowed adults to possess, use and cultivate cannabis privately, but the question of exactly what quantity should be regarded as being for private purposes has remained an important area of uncertainty.
Why is South Africa introducing specific limits?
The legal transformation of cannabis policy in South Africa began well before these draft regulations.
In 2018, the Constitutional Court ruled that criminalising the private use, possession and cultivation of cannabis by adults was unconstitutional.
Parliament subsequently adopted the Cannabis for Private Purposes Act, 2024, creating a legislative framework for private cannabis use.
The Act gives the government the ability to establish specific limits through regulations.
According to the Department of Justice, factors considered when developing the proposed limits included what could reasonably constitute private use, how many cannabis plants may be necessary to support such use and international regulatory approaches.
The proposed 750-gram and five-plant limits therefore represent an attempt to provide greater certainty around private cannabis cultivation and possession.
Does this mean South Africans can legally buy and sell cannabis?
No.
This is one of the most important distinctions surrounding the proposed regulations.
Neither the Constitutional Court judgment nor the Cannabis for Private Purposes Act created a general legal market for the commercial buying and selling of recreational cannabis.
The draft regulations deal primarily with private use, possession, cultivation and transportation.
Commercial cultivation and the buying and selling of cannabis and cannabis products fall outside the scope of these regulations and are being addressed separately by government departments responsible for areas including agriculture, trade and health.
A possession limit of 750 grams should therefore not be interpreted as permission to commercially sell or purchase 750 grams of cannabis.
What could the rules mean for private growers?
For private growers, establishing a defined plant limit would be an important development.
The proposed limit of five plants per adult could provide considerably more clarity than a system based largely on whether cultivation can reasonably be regarded as being for private purposes.
It would allow adults to understand more clearly where the proposed regulatory boundary lies.
However, quantity alone does not automatically determine whether an activity is lawful.
The purpose of cultivation remains important. Cannabis cultivated under this framework must be intended for private purposes rather than unauthorised commercial trade.
What about cannabis grow communities and private clubs?
The proposed regulations are also particularly relevant to South Africa’s growing cannabis community.
Private grow communities and cannabis clubs have emerged in response to the legal recognition of private cannabis use. However, their legal position cannot simply be reduced to the proposed 750-gram possession limit or five-plant cultivation limit.
Questions involving collective cultivation, membership structures, possession on behalf of another person, distribution and financial contributions can involve legal considerations beyond the rules governing an individual growing cannabis privately.
The proposed regulations therefore provide greater clarity for individual adults but should not be interpreted as automatically legalising every cannabis club or community cultivation model.
Responsible cannabis communities should continue to pay close attention to the distinction between private cultivation and use and commercial cultivation and sale.
Are the 750g and five-plant limits already law?
Not yet.
The Department of Justice published the regulations as a draft and invited public submissions.
The consultation period closed on 5 March 2026.
According to the Department, submissions are to be considered before the regulations are finalised. The proposed limits must then be submitted to Parliament for approval before coming into effect.
Until that process has been completed, it is important not to describe the proposed 750-gram and five-plant limits as final statutory limits.
A significant step towards greater legal clarity
South Africa has travelled a long way since the Constitutional Court’s landmark 2018 cannabis judgment.
The Cannabis for Private Purposes Act created the legislative foundation, while these draft regulations attempt to answer one of the most practical questions remaining for cannabis users and growers:
How much cannabis can reasonably be considered private?
A proposed allowance of 750 grams and five plants per adult would establish much clearer boundaries for private cannabis possession and cultivation.
At the same time, South Africa still has significant regulatory work ahead, particularly concerning commercial cultivation, cannabis sales and the position of private cannabis communities.
For growers, consumers and cannabis organisations, the key will be to follow the regulatory process carefully and distinguish between proposals, existing private-use rights and future commercial cannabis legislation.
Legal notice: This article is provided for general informational purposes only and does not constitute legal advice. Cannabis legislation and regulations in South Africa continue to develop. Individuals and organisations should obtain professional legal advice regarding their specific circumstances.