Adults wishing to use cannabis on private property will be limited to possession of 750 grams at any given time during a single day, as the state moves to put the guardrails in place to effect the Cannabis for Private Purposes Act.
The same limitation will apply to possession of cannabis in a public place for private use, according to regulations proposed by the department of justice & constitutional development.
The Cannabis Act, which was assented to by President Cyril Ramaphosa in May 2024, regulates the consumption, possession and cultivation of cannabis by adults in South Africa.
However, the act is not yet in operation — parliament must first approve the necessary regulations and the president must then bring the act into effect by proclamation.
According to the regulations, published on Monday, the number of cannabis plants that an adult person may cultivate in a private place for private purposes may not exceed five at any time.
This is regardless of the size, shape, or strain of the cannabis plant. The regulations also set conditions by which cannabis can be legally transported, provided the cannabis transported does not exceed 750g.
Transportation restrictions
One of the conditions is that cannabis being transported must be concealed from public view during transportation “by ensuring that the cannabis is placed in the boot, trunk or at the back or in the enclosed storage compartment” of the transporting vehicle.
“If it is not possible to transport the cannabis in the boot, trunk, or at the back or in the enclosed storage compartment of the transporting vehicle, the cannabis may be transported in a storage container, provided that the structure of the container ensures that the cannabis is concealed from public view.”
South Africa has ambitions to be a leading player in the commercial production of hemp. President Ramaphosa, in his state of the nation address last February, outlined the country’s intentions to lead in the commercial production of hemp and cannabis.
Medicinal cannabis was legalised in 2017, with private use decriminalised in 2018.
The National Cannabis Master Plan has been assigned to the department of trade, industry & competition (DTIC) to centralise policy, accelerate implementation and streamline licensing.
The Hemp and Cannabis Commercialisation Policy is expected to be ready for cabinet approval and public comment by April.
Business Day last year reported that the Agricultural Research Council (ARC), South Africa’s principal agricultural research institution, aims to construct a 2,000m² climate-controlled cannabis research facility at its Pretoria site to support advanced research into cannabis cultivation and processing.
To this end, the research outfit has gone to market looking for a company that will implement the project to house a controlled cannabis cultivation room and seed multiplication facility.
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