Draft rules would cap private possession at 750g — roughly 2,000 joints using a 0.32g estimate — and allow up to five plants per adult. The draft applies the 750g limit to private possession, carriage for private purposes and transport, and specifies concealment and inspection rules for vehicles. Critics say wording is unclear on fresh versus dry weight and whether limits apply per person or per space; public comments are open until early March.
South Africa Proposes 750g Private Cannabis Cap — Roughly 2,000 Joints
In 2018 South Africa’s constitutional court ruled that the criminalisation of personal, private cannabis use by adults was unconstitutional - Getty Images/Alet Pretorius
South Africans could be permitted to possess up to 750g (26oz) of cannabis for private use under draft regulations published for public comment. Based on a 2016 University of Pennsylvania estimate that an average joint contains about 0.32g, a 750g allowance would equate to more than 2,000 joints.
What the Draft Proposes
The 10-page public consultation paper recommends that an adult may not possess more than 750g of cannabis "in a private place for private purpose" at any given time. The draft applies the same 750g limit to possession "in a public place for private purpose" and to "transport for private purpose."
Compared to the US, South Africa’s proposed limits would be far more generous - AFP/Rodger Bosch
The amount of cannabis that may be possessed by an adult person in a private place for private purpose may not exceed 750g at any given time during the course of a single day.
Cultivation and Transport Rules
The draft would allow up to five cannabis plants per adult in a private place at any time, regardless of plant size or strain. It sets specific transport rules: legally held cannabis must be concealed from public view — in the boot, a closed compartment, a sealed container or luggage — and the driver and passengers must be informed of what is being carried. Drivers would have the right to inspect cargo to ensure limits are not exceeded.
Legal Background and Context
In 2018 South Africa's Constitutional Court ruled that criminalising private adult cannabis use violated the right to privacy and asked parliament to set rules. Parliament passed the Cannabis for Private Purposes Act in 2024, but the law has not fully taken effect because implementing regulations — including quantity and cultivation limits — remain to be finalised.
Cannabis has been widely grown and used in South Africa since pre-colonial times - poco_bw/Alamy Stock Photo
International Comparison
Under the proposed 750g cap, South Africa would be far more permissive than many U.S. states that have decriminalised or legalised cannabis, where typical personal possession limits range from about 28g to 85g (1–3 ounces). The largest U.S. home-possession allowances — Massachusetts and Michigan — permit up to 10oz (283g).
Criticisms and Ambiguities
Legal experts have welcomed clearer rules but warned the draft contains unclear language. Lawyer Paul-Michael Kiechel noted the draft does not specify whether weight limits refer to fresh (wet) or dry cannabis, and some wording is ambiguous about whether limits apply per person or per private space. Buying and selling would remain prohibited under the draft, though the government has pledged a separate commercial strategy to develop the hemp and cannabis industry.
Next Steps
Public consultation on the draft regulations is open until early March, after which the government expects to finalise the regulations and present them to parliament. Stakeholders and members of the public are invited to submit comments during the consultation period.
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