Cannabis for Private Purposes Act, 2024
| Cannabis for Private Purposes Act, 2024 | |
|---|---|
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| Parliament of South Africa | |
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| Citation | Act 7 of 2024 |
| Assented to | 28 May 2024 |
| Bill citation | B19-2020 |
| Status: In force | |
The Cannabis for Private Purposes Act, 2024 (No. 7) is an act of the Parliament of South Africa relating to the possession of cannabis in certain situations.
History
The Drugs and Drug Trafficking Act, 1992 put strict regulations on possession, sale and distribution of cannabis.[1] The act also prohibits selling cannabis without the relevant medicinal licenses.[1]
In 2002, in Prince v President of Law Society of Cape of Good Hope and Others, the Constitutional Court held in that the prohibition of cannabis was not contrary to the freedom protections in the Bill of Rights, and this would have provided for a special exemption for Rastafarians only.[2][3]
In 2018, in Minister of Justice and Constitutional Development and Others v Prince, the Constitutional Court decriminalised the private use and cultivation of cannabis for adults, under the right to privacy.[1]
Consultations on amending the relevant statutes began in 2020.[4]
Provisions
Most provisions in the act relate to protecting individual privacy.[1]
The act allows for adults to be able to:[5]
- cultivate up to four cannabis plants per person in private;
- cultivate eight cannabis plants per household in private;
- possess 600 grams of cannabis per person
- possess 12000 grams of cannabis per household
- share up to 30 seeds or seedlings;
- share up to 100 grams of dried cannabis.
The act requires that cannabis be consumed in private spaces and that public consumption be prohibited.[5] The act has measures to protect children from exposure to cannabis—it specifically includes penalties for those who allow children to possess or use cannabis.[5] The act allows for the expungement of criminal records for individuals who were previously convicted of the possession or use of cannabis for personal consumption.[5]
Further developments
In March 2025, the Department of Health banned cannabis seeds and seedlings under the Foodstuffs, Cosmetics and Disinfectants, 1972.[6][7] As of March 2025, regulations to implement the Cannabis for Private Purposes Act, 2024 are not operational.[7]
References
- ^ a b c d Pillay-van Graan, Simi (7 April 2025). "What you need to know about recreational cannabis in South Africa". Mail & Guardian. Archived from the original on 7 April 2025. Retrieved 6 May 2025.
- ^ "Prince v President of Law Society of Cape of Good Hope and Others (220/1998) [2000] ZASCA 172 (25 May 2000)". lawlibrary.org.za. 25 May 2000. Retrieved 6 May 2025.
- ^ de Vos, Pierre (18 September 2018). "ConCourt Cannabis Judgment: What was the reasoning and what does it mean?". Daily Maverick. Archived from the original on 16 March 2022. Retrieved 6 May 2025.
- ^ Africa, Rodney; Esterhuizen, Adriano; Jimmy, Lauren; Moki, Mpho (3 July 2024). "Cannabis for Private Purposes Act: What it Means for South Africa". Webber Wentzel. Archived from the original on 20 July 2024. Retrieved 6 May 2025.
- ^ a b c d Sicetsha, Andile (29 May 2024). "Cannabis for private use signed into law: What happens next?". Swisherpost. Archived from the original on 29 May 2024. Retrieved 6 May 2025.
- ^ Mtembu, Xolile (13 March 2025). "Why did South Africa ban cannabis edibles? Understanding the government's contradictory decisions". Independent Online. Archived from the original on 6 May 2025. Retrieved 6 May 2025.
- ^ a b Mashamaite, Modiegi (18 March 2025). "South Africa's new cannabis ban: what you need to know". Times Live. Archived from the original on 18 March 2025. Retrieved 6 May 2025.