Current Cannabis Laws in South Africa (2026): The Complete Legal Guide

Updated February 2026 | Legal & Consumer Education Guide

⚠️ Legal Notice: Some limits referenced in this guide are based on Draft Cannabis Regulations released by the South African Department of Justice in February 2026. These proposals are currently open for public comment and are not yet final law. Always verify the latest official regulations before relying on specific limits.

---

Table of Contents

1. Introduction – South Africa’s Cannabis Law Evolution

2. Legal History: From Prohibition to Decriminalisation

3. Cannabis for Private Purposes Act (2024) – Explained

4. Is Cannabis Legal in South Africa in 2026?

5. Private Use Laws: What You Can Legally Do

6. Home Growing Laws: Plant Limits & Cultivation Rules

7. Possession Limits & Transportation Laws

8. Cannabis Sharing Laws

9. Public Use Laws

10. Medical Cannabis Laws in South Africa

11. Commercial Cannabis & Retail Sales – Legal Status

12. Cannabis Clubs & Private Membership Associations

13. CBD & Hemp Laws Explained

14. Criminal Record Expungement – New Draft Procedures

15. Cannabis Offences & Penalties

16. What’s Changing in 2026?

17. Future Outlook: When Will Cannabis Be Fully Legal?

18. Frequently Asked Questions

19. Final Thoughts

---

1. Introduction – South Africa’s Cannabis Law Evolution

South Africa has undergone one of the most significant cannabis law reforms on the African continent. What was once fully criminalised has transitioned into a system that recognises constitutional privacy rights while maintaining strict controls on public use and commercial activity.

Key milestone developments include:

• 2018: Constitutional Court decriminalises private use and possession.

• 2024: Cannabis for Private Purposes Act (CFPPA) enacted.

• 2026: Draft Cannabis Regulations released for public consultation.

As of 2026, South Africa operates under a dual legal framework:

✔ Private adult cannabis use is protected
✔ Personal cultivation is allowed
❌ Recreational retail sales remain illegal

The legal environment remains transitional, with further regulation expected.

---

2. Legal History: From Prohibition to Decriminalisation

Cannabis prohibition in South Africa dates back over a century. Enforcement historically relied on punitive criminal laws.

Modern reform timeline:

• 2018: Constitutional Court ruling protects private adult cannabis use.

• 2020–2024: Parliamentary drafting and consultations.

• May 2024: Cannabis for Private Purposes Act signed.

• 2026: Draft regulations released to clarify limits and procedures.

The shift represents a move from criminal punishment toward privacy-focused legislation.

---

3. Cannabis for Private Purposes Act (2024) – Explained

The CFPPA provides the main legal structure governing cannabis today.

Primary objectives:

• Protect adult privacy rights

• Allow private cultivation and possession

• Prevent public consumption

• Protect minors

• Establish legal thresholds

• Enable future regulatory frameworks

The Act does not legalise commercial recreational trade.

---

4. Is Cannabis Legal in South Africa in 2026?

Legal for adults (18+):

• Private use in non-public spaces

• Personal cultivation

• Possession within legal limits

• Sharing small amounts without payment

Illegal:

• Public consumption

• Commercial retail sales

• Unlicensed distribution

• Advertising cannabis products

• Import/export without licensing

Legal Category	Current Law (CFPPA)	Draft Regulations 2026	Status
Private Use	Legal	No change proposed	Active Law
Home Growing	Legal in private	Proposed 5 plants per adult	Draft
Possession Limit	Defined by Act	Proposed 750g per adult	Draft
Public Use	Illegal	No change proposed	Active Law
Retail Sales	Illegal	No commercial framework yet	Active Law
Transport Rules	Limited detail	Concealment & handling rules proposed	Draft
Expungement	Allowed in principle	Formal procedures introduced	Draft

---

5. Private Use Laws: What You Can Legally Do

Adults may use cannabis in:

• Private homes

• Private gardens

• Secure indoor grow areas

• Non-public private property

Restrictions:

• Must not be visible to the public

• Must not expose minors

• Public spaces remain prohibited

---

6. Home Growing Laws: Plant Limits & Cultivation Rules

Current Legal Position

The CFPPA allows cultivation for personal use in private spaces.

Proposed Draft Regulation Updates (2026)

Government proposals suggest:

• Up to 5 cannabis plants per adult

• Cultivation must remain private

• Plants must not be publicly visible

• Access must be restricted from minors

⚠️ These numbers are proposed limits and may change after public consultation.

---

7. Possession Limits & Transportation Laws

Current Legal Framework

Possession is legal for personal use within defined thresholds.

Proposed Possession Limits (Draft 2026)

• Up to 750 grams per adult

• Same limit proposed for transport

• Personal use only

Proposed Transportation Rules

Draft regulations introduce clearer transport expectations:

• Cannabis must be concealed from public view

• Preferably stored in a boot or enclosed container

• Not to be handled while driving

• Driver and passengers should disclose possession to each other

• Transport must remain for personal purposes only

These rules are proposals and may be amended before final adoption.

---

8. Cannabis Sharing Laws

Adults may share cannabis privately if:

• No payment or services are exchanged

• Sharing remains within personal use limits

Any financial exchange may be considered illegal dealing.

---

9. Public Use Laws

Public consumption remains prohibited.

Restricted areas include:

• Streets and sidewalks

• Parks and beaches

• Vehicles

• Schools and workplaces

• Public buildings and transport

Violations may result in fines or confiscation.

---

10. Medical Cannabis Laws in South Africa

Medical cannabis operates under SAHPRA regulation.

Access requires:

• A registered medical practitioner

• Section 21 authorisation

• Approved medical conditions

Medical cultivation requires:

• Licensed facilities

• Strict pharmaceutical compliance

• Export-grade production standards

South Africa maintains a strong medical export industry.

---

11. Commercial Cannabis & Retail Sales – Legal Status

Recreational commercial sales remain illegal.

This means:

• No legal retail dispensaries

• No commercial recreational delivery services

• No unlicensed sales

Commercial frameworks are still under development.

---

12. Cannabis Clubs & Private Membership Associations

Private cannabis clubs exist in uncertain legal territory.

Typical structure:

• Member-funded cultivation

• Closed private membership

• No direct retail sales

Legal risks remain due to evolving court interpretations.

---

13. CBD & Hemp Laws Explained

CBD

• Legal under extremely low THC thresholds

• Medical CBD requires registration

• Certain food and supplement restrictions introduced

Hemp

Legal for licensed industrial production:

• Textiles

• Construction materials

• Food products

• Cosmetics

South Africa continues expanding hemp agriculture.

---

14. Criminal Record Expungement – Draft 2026 Procedures

Draft regulations introduce structured expungement processes:

• Formal application submissions

• Certificates issued by the Department of Justice

• SAPS record removal procedures

• Proposed administrative timelines

These measures aim to remove historical cannabis convictions under new law.

---

15. Cannabis Offences & Penalties

Illegal activities include:

• Selling cannabis without licence

• Public consumption

• Possession above legal limits

• Supplying minors

Penalties may include:

• Fines

• Criminal records

• Imprisonment for trafficking offences

---

16. What’s Changing in 2026?

Government developments include:

• Draft Cannabis Regulations released for comment

• Proposed plant limit increases

• Proposed possession limit adjustments

• Formal transport guidelines

• Expungement procedures introduced

Final regulations are expected following consultation.

---

17. Future Outlook: When Will Cannabis Be Fully Legal?

Experts anticipate:

• Continued regulatory development through 2026–2028

• Possible pilot commercial frameworks

• Gradual economic expansion

Full commercial legalisation remains unconfirmed.

---

18. Frequently Asked Questions

Is cannabis legal in South Africa in 2026?

Yes. Adults may use cannabis privately. Public use and recreational sales remain illegal.

Can you legally grow cannabis at home in South Africa?

Yes. Personal cultivation is legal in private spaces. Draft regulations propose a limit of 5 plants per adult.

What is the legal possession limit in South Africa?

Draft 2026 regulations propose a 750g per adult limit for private purposes. Final limits depend on final regulations.

Can you buy cannabis legally in South Africa?

No. Recreational commercial sales are still illegal.

Is CBD legal in South Africa?

Yes — but only under strict THC thresholds and regulatory rules.

Are cannabis clubs legal?

They operate in legal grey areas and may face regulatory risks.

---

19. Final Thoughts

South Africa’s cannabis law framework reflects a careful balance between:

• Constitutional privacy rights

• Public safety

• Youth protection

• Economic development

Private cannabis use is legal, but commercial markets remain in transition. As regulations evolve through 2026 and beyond, staying informed is essential for consumers, growers, and industry participants alike.