Cannabis law in South Africa — including the parts nobody has settled.
Plain English, no hype, and a clear label on what is in force, what is only signed, and what is still draft. Every entry names its source and its review date.
Where things stand
The Constitutional Court decriminalised private adult use, possession and cultivation in Minister of Justice and Constitutional Development v Prince in 2018 — but it did not decriminalise dealing or commercial sale. Parliament then passed the Cannabis for Private Purposes Act 7 of 2024, which was assented to on 28 May 2024. That Act has not yet been brought into operation by proclamation, and the regulations that will set possession and cultivation limits were published in draft for public comment on 3 February 2026. Draft limits are not law until they are finalised and the Act commences.
What is allowed today
An adult may use, possess and cultivate cannabis in a private place for their own personal use — this flows from the 2018 Prince judgment.
Cultivation must be for your own use, in a private place, by an adult.
You may possess small quantities in private without a criminal sanction being imposed for that private use.
What is not allowed
Selling, supplying or dealing in cannabis for reward. Prince expressly left dealing criminalised.
Use in a public place, in a vehicle on a public road, or anywhere children are present.
Any commercial cultivation, extraction, packaging or retail without the relevant licence or permit.
Importing or exporting without the required authorisation.
Advertising or selling cannabis products to minors, or making medicinal claims without SAHPRA authorisation.
Private use versus commercial activity
The line the courts drew is between private adult use and commercial supply. Private use in a private place is protected. The moment money, reward or supply to another person enters, you are outside that protection and inside the Drugs and Drug Trafficking Act until a licence or permit covers the activity.
Medicinal cannabis
Medicinal cannabis is regulated by SAHPRA under the Medicines and Related Substances Act 101 of 1965. Cultivation, manufacture, wholesale and export require a section 22C licence, and the licence conditions bind how you operate. There is no shortcut: operating before the licence is issued is the most common route to a criminal charge.
Industrial hemp
Hemp is handled through the agricultural permit system administered by the Department of Agriculture, Land Reform and Rural Development, with provincial involvement. Tetrahydrocannabinol (THC) thresholds decide whether a crop is treated as hemp or as cannabis, and crossing them changes your legal position.
Driving and the workplace
The Act, once in operation, will set blood-THC thresholds for drivers. Until then, driving under the influence is dealt with under existing traffic and drug legislation, and an employer's right to test and to set policy is governed by employment law and the company's own rules. Neither is settled enough to guess at.
Cannabis clubs
Members-only cultivation arrangements are not licensed or expressly regulated. They depend on genuine privacy, no reward beyond cost-sharing, adults only, and disciplined records. A club that sells cannabis to members is dealing in the eyes of the criminal law.
Data, privacy and your records
Your company file, incident reports and documents are personal information under POPIA. Health information carries extra protection. That is why Canna Law stores uploads privately, restricts access by role, and logs who opened a document.
Legal status tracker
Each item states whether it is in force, signed but not in force, draft or proposed, with a link to the official source. Entries marked “attorney review pending” still need a South African attorney to confirm them.
In forcePrivate useAttorney review pending
Prince judgment — private adult use (Constitutional Court, 2018)
The Constitutional Court held that the criminal prohibition on adults using, possessing and cultivating cannabis in a private place was inconsistent with the right to privacy. Private adult use, possession and cultivation in a private place are therefore no longer a criminal offence. The Court expressly did NOT decriminalise dealing, sale or supply.
What happens next: Parliament was directed to correct the legislation within 24 months. That correction is the Cannabis for Private Purposes Act 7 of 2024, which is not yet in operation.
Signed, not in forcePrivate useAttorney review pending
Cannabis for Private Purposes Act 7 of 2024
The Act that will regulate private adult use, possession and cultivation, and set out the offences that remain (including dealing and use in public). It was assented to on 28 May 2024 and published in the Government Gazette on 3 June 2024.
What happens next: It has not been brought into operation by proclamation. Until commencement, the Act's own offences, definitions and limits do not apply.
Draft regulations on possession and cultivation limits (2026)
The Minister of Justice and Constitutional Development published draft regulations for public comment, proposing upper limits for the quantity of cannabis an adult may possess and the number of plants an adult may cultivate for private use. Draft limits are not law.
What happens next: The comment period must close, the regulations must be finalised and published, and the Act must commence before any limit applies. Do not plan an operation around a draft number.
Outside the private-use protection recognised in 2018, this Act remains the operative criminal statute for possession of and dealing in cannabis. Prosecutions for dealing, supplying and commercial cultivation are brought under it.
What happens next: It will be amended or partly repealed once the 2024 Act commences; the extent of that repeal is not yet in force.
Cultivation, manufacture, wholesale and export of medicinal cannabis require a licence from SAHPRA under section 22C of the Medicines and Related Substances Act 101 of 1965. Licence conditions govern security, quality systems, premises and record-keeping.
What happens next: No recreational or retail licence exists in this system. Operating before a licence is issued is the most common route to a criminal charge.
Industrial hemp permits — Department of Agriculture
Industrial hemp is cultivated under the agricultural permit system administered by the Department of Agriculture, Land Reform and Rural Development, with provincial involvement and THC-threshold monitoring.
What happens next: Threshold monitoring decides whether a crop is treated as hemp or as cannabis. A hemp permit is not a licence to sell cannabis products for recreational use.
A departmental strategy intended to coordinate the industrialisation of the cannabis and hemp sectors. It is a policy document, not legislation.
What happens next: It creates no rights, licences or defences. Anyone relying on it as authority to operate is relying on something that does not have legal force.
POPIA — Protection of Personal Information Act 4 of 2013
Governs how personal information is collected, stored and shared, with stricter rules for special personal information including health information. Applies to membership files, incident reports, document uploads and staff records.
What happens next: Businesses must register an Information Officer with the Information Regulator and handle data-subject requests within the statutory periods.
Governs attorneys: admission, enrolment with the Legal Practice Council, trust accounts, fees, confidentiality and conduct. It is the reason legal fees are paid directly to the attorney handling the matter.
What happens next: Panel attorneys must hold LPC enrolment and a current fidelity fund certificate; the platform checks this before a profile is published.
General information, not legal advice. Reading this page does not create an attorney–client relationship — that arises only when you engage an attorney. The law is in transition: confirm your position with an attorney before you act.
