summary

The regulations set definitive thresholds for what constitutes “personal use.”

• • Possession Limits: An adult may possess a maximum of 750 grams of cannabis at any given time during a single day, whether in a private space or a public place.
  • Cultivation Limits: Cultivation is restricted to a maximum of 5 cannabis plants per adult in a private place. The draft specifically notes that this 5-plant limit applies “regardless of the size, shape or strain of the cannabis plant”.

The rules governing the movement of cannabis on public roads are extensive and introduce strict obligations for both drivers and passengers.

• • Cumulative Vehicle Limits: The maximum amount of cannabis an adult may transport cumulatively is 750 grams per day.
  • Concealment is Mandatory: Cannabis must be completely concealed from public view. It must be placed in the boot, trunk, or an enclosed storage compartment. If the vehicle lacks a boot, it must be in a storage container that entirely hides it from view.
  • No Handling or Inspecting: While in transit, no person (driver or passenger) may handle, hold, examine, or inspect the cannabis. It is also explicitly prohibited to reveal to non-passengers that cannabis is being transported.
  • Driver & Passenger Notification Obligations: * A driver carrying cannabis must notify any passenger before the passenger enters the vehicle.
    • Conversely, a passenger carrying cannabis must notify the driver before getting in.
    • Drivers are required to verify that the passenger’s cannabis does not exceed the legal limit and must refuse entry if the passenger refuses an inspection.
    • Passengers have the right to refuse to enter a vehicle if the driver is transporting cannabis over the prescribed limit.

The regulations officially map out the administrative process for citizens to clear their names of minor, historical cannabis-related convictions.

• • The Process: Individuals must submit a formal application (Form 1) along with a police clearance certificate directly to the Director-General of the Department of Justice.
  • Timelines: If approved, the Director-General has 14 working days to issue a certificate of expungement to the SAPS Criminal Record Centre. The SAPS then has 21 working days to process the expungement and notify the applicant.

When drafting your submission, consider the following questions:

• • Are the limits practical? Does a blanket 5-plant limit make sense regardless of whether the plant is a small indoor autoflower or a large outdoor plant? Is the 750-gram limit sufficient for users who harvest once a year?
  • Are the transport rules workable? The mandatory notification between drivers and passengers creates a unique privacy dynamic. Will these strict rules protect citizens, or will they create loopholes for continued police harassment and vehicle searches?
  • Is the expungement process accessible? The requirement to manually apply, obtain police clearance, and post documents to the Director-General may be burdensome for marginalized communities who were historically over-policed for cannabis offences. Should the process be entirely automated?

While the Act decriminalised the private use of cannabis, these regulations provide the technical “rulebook.” They set the exact numerical limits on how much cannabis you can carry or grow, outline the rules for transporting it in a vehicle, and establish the paperwork process for clearing past criminal records.

No. The commercial buying and selling of recreational cannabis remains strictly illegal. These regulations only apply to private cultivation, possession, and consumption by adults.

An adult may possess up to 750 grams of cannabis for personal use per day. For cultivation, an adult is limited to growing a maximum of 5 cannabis plants in a private space, regardless of the size or strain of the plants. It is important to note that these limits apply per individual adult—meaning multiple adults living in the same household each have their own legal limit.

An individual adult may transport up to a cumulative total of 750 grams of cannabis per day. Crucially, this limit applies per person, not per vehicle. For example, three adults sharing a car may each legally transport their own 750g stash. However, the cannabis must be entirely concealed from public view (such as being locked in a boot or an enclosed container). Furthermore, drivers and passengers must declare any cannabis they are carrying to each other before getting into the vehicle , and no one may handle or inspect the cannabis while the vehicle is transporting it.

The regulations introduce “Form 1”, which citizens must fill out and submit to the Director-General of Justice, alongside a police clearance certificate. If approved, the SAPS Criminal Record Centre will expunge the record within 21 working days.