Cannabis for Private Purposes Act, 2024

The Cannabis for Private Purposes Act, 2024 (the "Act") was signed by President Cyril Ramaphosa on 28 May 2024 and provides a regulatory framework for the private use, possession, cultivation, and transportation of cannabis by adults in South Africa. It also provides for the expungement of criminal records for certain historical cannabis-related convictions. Draft regulations under the Act were published for public comment on 3 February 2026; the comment period closed 5 March 2026 and final regulations are not yet in force.

This page is a plain-language summary written for Cannabuben members. It is not legal advice. For your own situation, consult a qualified South African attorney.

1. What the Act does

• Decriminalises private adult use, possession and cultivation of cannabis within certain limits.
• Does not authorise commerce in cannabis. Buying, selling, or otherwise dealing in cannabis between private individuals remains an offence.
• Provides for expungement of historical convictions for previously-criminalised cannabis offences once the relevant regulations are in force.
• Protects children: cannabis must not be used, consumed, smoked or vaped in the immediate presence of a child or a non-consenting adult.

2. The proposed limits (per the February 2026 draft regulations)

The draft regulations propose specific quantities that may be possessed and cultivated by an adult for personal use. These limits are not yet final law — they were open for public comment until 5 March 2026 and may change before being gazetted. The draft figures are:

• Up to 750 grams of dried cannabis per adult, held in their private place.
• Up to 5 flowering plants per adult, cultivated at their private place.
• Where more than one adult shares a private place, the totals may be combined up to a household ceiling set in the regulations.

Until the regulations are final, the safest reading is that possession and cultivation must be on the smaller side of the proposed numbers, kept private, and not visible to children.

3. What the Act does not do

• It does not legalise commercial cultivation, sale, or retail of cannabis for adult use. A full commercial framework — covering retail, manufacturing, and vertically integrated operators — does not yet exist in South African law. The Department of Trade, Industry and Competition is preparing a Hemp and Cannabis Commercialisation Policy expected in 2026, and an overarching Cannabis Bill is anticipated to be tabled in Parliament by mid-2027.
• It does not replace SAHPRA Section 21 for medical-cannabis access. Patients who need cannabis for a diagnosed condition continue to apply through a registered medical practitioner under section 21 of the Medicines and Related Substances Act, 1965 (see our Section 21 explainer).
• It does not authorise public use. Smoking, consuming, or vaping cannabis in a public place or in the immediate presence of a non-consenting person remains an offence.

4. Where Cannabuben sits

Cannabuben is a private members' club. Access to its products and digital domain is restricted to verified adult members — see the Membership Terms and the Club Constitution. The Club operates across three strands:

• Schedule-0 wellness products — non-prescription CBD and hemp within the limits of Government Gazette 43347 of 2020 (≤ 20 mg CBD per daily dose, ≤ 600 mg per pack). These are regulated as supplements, not Schedule-6 cannabis.
• SAHPRA Section-21 medical cannabis — supplied only via a HPCSA-registered practitioner's prescription and a SAHPRA section-21 permit, dispensed by a licensed pharmacy. We partner with Docto24 for the medical pathway.
• The private members' club — a closed, members-only association for adults with a lawful private interest in cannabis, operating within the privacy and freedom-of-association framework of Prince (2018) and this Act. It is not open to the public and does not advertise cannabis publicly.

A formal commercial adult-use cannabis market does not yet exist in South African law. Until it does, private cannabis clubs — including Cannabuben — operate in an area that is not yet regulated, and members should understand that. Cannabuben does not supply minors, does not sell cannabis in public, and routes patients who need medical cannabis through the regulated Section-21 pathway via Docto24.

5. Expungement of historical convictions

The Act provides for the automatic expungement of historical convictions for offences that the Act decriminalises — for example, being convicted of possession of a small amount of cannabis at home. The expungement mechanism only takes effect once the relevant regulations are in force; as of the date of this page, the regulations are still in draft. The Department of Justice will publish the application process when the regulations are finalised.

6. Helpful links

• Department of Justice — Draft Regulations for Private Use of Cannabis (3 February 2026)
• Cannabuben — Section 21 explainer
• Cannabuben — Schedule 0 / Gazette 43347 explainer
• Is CBD legal in South Africa in 2026?

7. Disclaimer

This page is general information about South African law. It is not legal advice and does not create a lawyer-client relationship. The Act and its regulations may be amended; the safest assumption is always to keep cannabis private, lawful, and out of the reach and sight of children.