Ask five people at a braai what South Africa's cannabis law says and you'll get six answers, two of them from someone's cousin. So here is what the actual documents say: the 2018 court ruling, the 2024 Act, and the draft limits the Department of Justice published in 2026. We quote them where it matters, and we flag the parts that aren't settled yet.

The short version

  • Adults (18 and older) may use and possess cannabis in private, for their own use.[1][4]

  • Buying and selling cannabis is still a crime, with a penalty of up to 10 years in prison.[1]

  • The exact limits (how much you can keep, how many plants you can grow) are still in draft form. The draft proposes 750 grams and 5 plants, but Parliament has to approve the limits before they take effect.[4][5]

How we got here

On 18 September 2018 the Constitutional Court ruled, unanimously, that making it a crime for an adult to use or possess cannabis in private for their own use was unconstitutional.[3][4] It's usually called the Prince judgment, after the case name, Minister of Justice and Constitutional Development v Prince.[3]

The court didn't set any quantities. According to the Department of Justice, it "left this determination to Parliament".[4] Parliament's answer was the Cannabis for Private Purposes Act. President Cyril Ramaphosa signed it on 28 May 2024,[2] and it was published in the Government Gazette on 3 June 2024.[1]

What the Act allows

The Act says an adult may use or possess cannabis, and may give it to or get it from another adult as long as no money or anything else changes hands, "in a private place for a private purpose".[1]

Two definitions do a lot of the work:

  • Adult person means anyone 18 or older.[1]

  • Private purpose means use, possession and cultivation by an adult, kept "in a manner that conceals it from public view".[1]

You may also carry cannabis in a public place, but you may not use it there.[1]

One detail surprises most people. In the Act, "cannabis" means the flowering or fruiting tops of the plant and products made from them. Seeds, seedlings, stalks, leaves and branches are excluded from that definition.[1]

Where the lines are

The Act sets out what isn't allowed, even at home. You may not use cannabis in front of a child, or in front of an adult who hasn't agreed to it.[1] You also may not smoke it close to a window, air vent, door or entrance of someone else's place.[1]

Here are the offences most likely to catch an ordinary person out, with the maximum penalties the Act sets:

  • Using cannabis in a public place: a fine of up to R2,000.[1]

  • Using cannabis in a vehicle on a public road: a fine of up to R2,000.[1]

  • Not storing cannabis somewhere a child can't get to: a fine of up to R2,000.[1]

  • Having more than the prescribed maximum amount, or growing more than the prescribed number of plants: a fine, up to five years in prison, or both.[1]

  • Dealing in cannabis: a fine, up to 10 years in prison, or both.[1]

The Act also says that a fine with no option of prison "does not constitute a previous conviction".[1]

The numbers are still a draft

The Act leaves the limits to regulations made by the Minister of Justice.[1] On 2 February 2026 the Department published draft regulations for public comment. Here is what they propose:[5]

  • Possession: no more than 750 grams at any given time in a single day, whether in a private or a public place.

  • Growing: no more than 5 cannabis plants at any given time, "regardless of the size, shape or strain".

  • Transport: no more than 750 grams in total, kept out of sight, in the boot or a closed compartment if there is one.

Comments closed on 5 March 2026.[4] The Department says the limits will go to Parliament for approval "prior to coming into effect".[4] The Act itself also starts on a date the President sets in the Government Gazette, and different parts can start on different dates.[1]

So read these numbers as a proposal, not the law. Before you rely on any of them, check the Department of Justice website for the final version.

Old criminal records

This is one of the most practical parts of the Act. Under it, people convicted in the past only of using or possessing cannabis under the old drug laws are meant to have those records expunged (cleared) automatically by the police's Criminal Record Centre. If that doesn't happen, the person can apply to the Department of Justice to have it done.[1]

There is a second, narrower route for people convicted of dealing only because the old laws presumed they were dealing. They can apply to have those records expunged too.[1] The application forms are part of the draft regulations.[5]

What about shops and sales?

The Act is about private use only. The Department of Justice says the commercial side, "commercial cultivation, buying or selling of cannabis or cannabis products", falls outside the Act and is being handled by other departments, including Trade, Industry and Competition, Agriculture and Health.[4]

In other words, this Act doesn't make cannabis shops legal. Herbal Habits lists independent stores and their promotions. We're a directory, and we don't sell anything ourselves.

Keep an eye on it

The law is moving, slowly. The things most likely to change next are the final limits and the date the Act starts. We'll update this article when they do, and the "Updated" date at the top will tell you when we last checked.