South Africa’s Ministry of Justice and Constitutional Development recently published a draft regulatory proposal that would officially set the limits for adult-use cannabis cultivation and possession limits. The government is urging citizens of South Africa to weigh in on the proposal.

“The Department of Justice and Constitutional Development (the Department) invites interested parties to submit written comments on the draft Regulations under the Cannabis for Private Purposes Act, 2024 (Act No. 7 of 2024) (the Act).” the government stated in its announcement.

The proposed regulations would involve the following:

• Setting a cannabis cultivation limit at “five cannabis plants at a private residence at any time, regardless of the plant’s size or strain.”
• Setting a cannabis possession limit for adults of “to 750g of cannabis per day for private use, whether in a private or public place.”
• Allowing adults to “transport no more than 750g of cannabis per day, including cannabis still attached to the plant.”

All public comments must be “submitted not later than Thursday, 5 March 2026” to be considered. The proposed regulations involve additional conditions regarding the transportation of cannabis.

“The 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;” the proposed regulations state. “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…and if the storage compartment of the transporting vehicle is not fully enclosable, the cannabis must be covered to ensure that it is completely concealed from public view.”

Additional rules about notifying all passengers that cannabis is in the vehicle would apply, according to the proposal, as well as if someone is a passenger in the vehicle and they themselves are transporting cannabis as a non-driver. The proposal also includes provisions regarding cannabis conviction expungements.

“The Criminal Record Centre of the South African Police Service must, within 21 working days after receipt of the certificate of expungement inform the applicant in writing by post or electronically that the applicant’s criminal record in respect of the specific offence or conviction is expunged.” the proposal reads. “The applicant or the person authorised by the applicant to do so may collect the certificate from the Criminal Record Centre of the South African Police Service during the office hours of that Criminal Record Centre.”