‘Who is going to come and count our Cannabis plants?’

The Department of Justice and Constitutional Development on Tuesday invited the public to comment on draft regulations surrounding the private use of cannabis ahead of a deadline next month.

The draft regulations have been a source of debate in the country, with advocates from both sides arguing for and against the policing of private use of cannabis.

The regulations, under the Cannabis for Private Purposes Act, 2024, outlined that the maximum amount of cannabis that may be possessed by an adult in private and public areas may not exceed 750g.

The Act provides a regulated framework for the use, possession, cultivation, and transportation of cannabis for private reasons. It also makes provision for the expungement of criminal records for those who have been previously convicted of specific cannabis-related offences.

‘Who is going to come and count our plants?’

Myrtle Clarke, CEO of the non-profit Fields of Green For All, encouraged the Cannabis community to “make a meaningful contribution” on the regulations before 5 March.

Amid the heated debates on cannabis enforcement, she urged the community to interact respectfully and precisely.

She also questioned the enforcement, asking, “Who is going to come and count our plants?”

According to the Department of Justice and Constitutional Development, the public’s submissions will be considered before finalising the regulations through Parliamentary approval prior to coming into effect.

Comments must be submitted marked for the attention of Mr M Mokulubete, and

If they are forwarded by post, be addressed to
The Department of Justice and Constitutional Development
Private Bag X81, Pretoria, 0001
If they are delivered by hand, be delivered to
The Department of Justice and Constitutional Development
Momentum Centre, Room E1431, 239 Pretorius Street, Pretoria
If they are delivered by email, be emailed to MMokulubete@justice.gov.za.

For more information, please contact Mr M Mokulubete on 012 406 4753 / 084 842 5780

What you need to know about the fight over the green

In 2018, the Constitutional Court unanimously agreed that the criminalisation of the use or possession of cannabis by an adult for private purposes was not reasonable and justifiable in a democratic society rooted in human dignity, equality, and freedom.

Since the Constitutional Court Judgement aligned South Africa with a growing number of jurisdictions that allow the private use of cannabis, the use or possession of cannabis by an adult, has not constituted a criminal offence. The use of cannabis by children remains prohibited, primarily due to medical concerns regarding their brain development.

However, matters related to the commercial cultivation, the purchasing and sale of cannabis or cannabis products, including the recognition of traditional growers, fall outside the scope of the Act.

Under the draft regulation, “the transportation of cannabis from one place to another is restricted to the amount of cannabis prescribed.”

The private cultivation of cannabis plants may not exceed a total of 5 plants, regardless of the size, shape, or strain of the cannabis plant.

ALSO READ: Cannabis industry celebrates withdrawal of dagga ban