# summary - Link: https://dearsouthafrica.co.za/cannabis-regulations/summary/ - Published: 2026-02-23T12:19:26+02:00 - Author: dearSA _Advert_ _Advert – scroll down_ Public participation report – with all public comments ⌊Loader⌉ Loading... ⌊EAD Logo⌉ Taking too long? ⌊Reload⌉ Reload document | [ ⌊Open⌉ Open in new tab ](https://cdn.dearsouthafrica.co.za/wp-content/uploads/2026/03/16173240/report-on-cannabis-regulations.pdf) [Download [1.24 MB] ](https://cdn.dearsouthafrica.co.za/wp-content/uploads/2026/03/16173240/report-on-cannabis-regulations.pdf) This report was delivered to the Department of Justice and Constitutional Development. If you see value in what we do, please chip in – even a small amount helps tremendously. [ click here to chip in](https://dearsouthafrica.co.za/thank-you-for-clicking-that-button/) [ have your say](https://dearsouthafrica.co.za/cannabis-regulations/#havasay) Following the signing of the Cannabis for Private Purposes Act (Act No. 7 of 2024), the Department of Justice and Constitutional Development has published the detailed draft regulations that will govern exactly how South Africans can legally grow, possess, and transport cannabis for personal use. Public participation is essential. These regulations introduce specific quantitative limits and complex rules for transportation that will impact the daily lives of millions of South Africans. [Strict Possession and Cultivation Limits](https://dearsouthafrica.co.za/cannabis-regulations/summary/#1738150189952-44103674-e29d31d9-c3be5520-2543) 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”. [Transporting Cannabis: Heavy Restrictions on Drivers and Passengers](https://dearsouthafrica.co.za/cannabis-regulations/summary/#1738150189975-5d0623dc-47dc31d9-c3be5520-2543) 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 Expungement of Criminal Records](https://dearsouthafrica.co.za/cannabis-regulations/summary/#1738150854013-bb98f5fb-7d0931d9-c3be5520-2543) 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. [Points for Public Consideration](https://dearsouthafrica.co.za/cannabis-regulations/summary/#1738151172108-10076802-4d0031d9-c3be5520-2543) 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? ### _Questions and answers_ [What exactly do these regulations do?](https://dearsouthafrica.co.za/cannabis-regulations/summary/#1763554389233-fdb8fee6-6da45520-2543) 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. [Can I buy or sell cannabis now?](https://dearsouthafrica.co.za/cannabis-regulations/summary/#1763554389265-aa09206a-77665520-2543) No. The commercial buying and selling of recreational cannabis remains strictly illegal. These regulations only apply to private cultivation, possession, and consumption by adults. [What are the exact limits for possession and growing?](https://dearsouthafrica.co.za/cannabis-regulations/summary/#1763554389298-fbc55a3c-817c5520-2543) 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. [How do the transport rules work?](https://dearsouthafrica.co.za/cannabis-regulations/summary/#1771840733358-e4b2d08e-b226) 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. [How do I clear a past cannabis-related criminal record?](https://dearsouthafrica.co.za/cannabis-regulations/summary/#1771840767171-e194ee95-bf82) 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. The draft Cannabis regulations ⌊Loader⌉ Loading... ⌊EAD Logo⌉ Taking too long? ⌊Reload⌉ Reload document | [ ⌊Open⌉ Open in new tab ](https://cdn.dearsouthafrica.co.za/wp-content/uploads/2026/02/23120033/260202Draft_Cannabis_Regulations_removed.pdf) [Download [187.09 KB] ](https://cdn.dearsouthafrica.co.za/wp-content/uploads/2026/02/23120033/260202Draft_Cannabis_Regulations_removed.pdf) The Government notice ⌊Loader⌉ Loading... ⌊EAD Logo⌉ Taking too long? ⌊Reload⌉ Reload document | [ ⌊Open⌉ Open in new tab ](https://cdn.dearsouthafrica.co.za/wp-content/uploads/2026/02/23120119/260202noticedraftcannabisregulations.pdf) [Download [93.71 KB] ](https://cdn.dearsouthafrica.co.za/wp-content/uploads/2026/02/23120119/260202noticedraftcannabisregulations.pdf) ### _In the News_ - SA News — [Have your say on draft Cannabis Regulations](https://www.sanews.gov.za/south-africa/have-your-say-draft-cannabis-regulations) - News24 — [New draft rules would allow South Africans to keep enough dagga for about 2 000 joints](https://www.news24.com/business/economy/new-draft-rules-would-allow-south-africans-to-keep-enough-dagga-for-about-2-000-joints-20260204-0676) - DFA — [SA draft cannabis rules: 750g possession and 5-plant limits explained](https://dfa.co.za/south-african/2026-02-06-sa-draft-cannabis-rules-750g-possession-and-5-plant-limits-explained/) - 702 — [New draft cannabis regulations](https://www.primediaplus.com/new-draft-cannabis-regulations/) - EWN — [New draft rules aim to end South Africa’s cannabis confusion](https://www.ewn.co.za/2026/02/04/new-draft-rules-aim-to-end-south-africa-s-cannabis-confusion) - CapeTown etc. — [Draft rules cap cannabis possession at 750g, five plants](https://www.capetownetc.com/lifestyle/draft-rules-cap-cannabis-possession-plants/) - Smile 90.4 — [Justice Ministry wants your say on private cannabis rules](https://smilefm.co.za/justice-ministry-wants-your-say-on-private-cannabis-rules/) - BusinessDay — [Proposed rules cap private cannabis possession at 750g](https://www.businessday.co.za/news/2026-02-04-proposed-rules-cap-private-cannabis-possession-at-750g/) - MMJ Daily — [South Africa: Proposed draft regulations for Cannabis for Private Purposes Act made available for public comment](https://www.mmjdaily.com/article/9809011/south-africa-proposed-draft-regulations-for-cannabis-for-private-purposes-act-made-available-for-public-comment/) - Newsday — [New rules for cannabis in South Africa](https://newsday.co.za/south-africa/17261/new-rules-for-cannabis-in-south-africa/) **Radio 702.** John chats to Rosalind Lake, Norton Rose Full Bright Director about her opinions of the new draft regulations that will permit South Africans to possess enough cannabis for roughly 2,000 joints. **Cape Talk.** Lester Kiewit speaks to Myrtle Clarke, the director of Fields of Green for All about fleshing out the details in South Africa’s draft regulations under the Cannabis for Private Purposes Act. It seeks to set limits for personal use, possession and transportation. ### _Statements and media releases_ Click on a logo to view. Want to display your organisation’s statement? [Click here. ](https://dearsouthafrica.co.za/cannabis-regulations/summary/ cannabis@dearsouthafrica.co.za?subject=org info for Cannabis regulations info page) Close ### Cape Independence Party **CAPEXIT Party strongly opposes the Business Licensing Bill in its entirety on all points:** **Preferential licensing** The Bill explicitly empowers the Minister to grant licences on a “preferential” basis and to impose conditions that advance “historically disadvantaged individuals” or other designated groups. This is nothing less than state-sanctioned racial and ideological discrimination dressed up as transformation policy. CAPEXIT rejects the notion that the state has any legitimate role in deciding which racial or social group may or may not operate a business. Such preferential licensing will: - Reintroduce apartheid-era economic controls under a new ideological banner; - Create a cronyist system where access to markets is determined by political connections and demographic criteria rather than merit, innovation or consumer demand; - Discourage both domestic and foreign investment, as investors will rightly fear that their businesses can be denied licences or subjected to arbitrary conditions on racial or political grounds. No free society licenses businesses on the basis of the owner’s skin colour or historical narrative. This clause alone renders the entire Bill unconstitutional and morally indefensible. **Principles of business licensing** The Bill fails to articulate any coherent, objective, or proportionate principle for requiring a general business licence in the first place. Instead, it presumes that every enterprise – from a street vendor to a multinational corporation – must seek prior permission from the state simply to exist and trade. This reverses the fundamental principle of a free economy: citizens should be free to engage in lawful economic activity without state permission unless there is a clear, evidence-based justification (e.g. public health, safety or environmental protection). The Bill provides no such justification. It is a blanket assault on economic freedom, reminiscent of the licence-permit raj that crippled India’s economy for decades. Requiring a general “business licence” in addition to existing sector-specific permits( liquor, health, zoning, etc.) serves no legitimate public purpose – only the purpose of expanding state control and creating new opportunities for rent-seeking and corruption. **Powers of inspectors** The Bill grants inspectors extraordinarily broad and invasive powers, including warrantless entry into private premises, seizure of documents and goods, and the ability to close businesses on the spot. These powers are ripe for abuse and will be weaponised against political opponents, non-compliant businesses, and any entrepreneur who refuses to pay bribes. In a country already plagued by corruption scandals, handing unelected officials the power to enter and shut down businesses without judicial oversight is an open invitation to extortion. Small businesses, spaza shops, and informal traders – many of them immigrant-owned – will be particularly vulnerable to harassment and shakedowns. Far from promoting transformation, this will simply create a new class of “licence inspectors” who enrich themselves at the expense of the poor. **More red tape** South Africa already ranks poorly on the World Bank’s Ease of Doing Business index, largely because of regulatory overreach. This Bill adds yet another layer of costly, time-consuming bureaucracy on top of SARS registration, municipal permits, B-BBEE compliance, UIF, COIDA, sector SETA requirements, and dozens of other licences. The compliance costs – application fees, mandatory consultations, endless paperwork, and the risk of arbitrary refusal – will crush startups and force thousands of small businesses to close or remain informal. Jobs will be lost, investment will flee, and the tax base will shrink. The Western Cape, which has consistently outperformed the rest of South Africa precisely because of lighter and more efficient regulation, will see its competitive advantage deliberately sabotaged by Pretoria. **Conclusion** The Business Licensing Bill is not reform – it is economic sabotage. It centralises power in the hands of an already overreaching and underperforming national government, reintroduces racial criteria into commerce, and erects new barriers to entrepreneurship at a time when South Africa desperately needs growth and jobs. CAPEXIT calls for the complete withdrawal of this Bill. The people of the Western Cape, and indeed all South Africans who believe in freedom, will not accept a return to a permit-based economy controlled by bureaucrats and political gatekeepers. For a free, prosperous, and non-racial future, this Bill must be rejected in its entirety.