The Department of Justice and Constitutional Development has published the long-awaited Cannabis for Private Purposes Regulations for public comment.
Whether you use a cannabis product or not, these proposed regulations will affect you—especially when you are travelling on public roads.
While the Act itself decriminalised private use, these new draft regulations act as the actual rulebook. One of the biggest areas of public concern so far revolves around the strict new rules for transportation. Under the draft regulations, any cannabis being transported must be completely concealed from public view by being placed in the boot or an enclosed storage compartment of the vehicle.
The rules also introduce mandatory disclosure and strict obligations between people sharing a vehicle:
- If you are a driver carrying cannabis, you must notify any passenger before they enter the vehicle.
- If you are a passenger carrying cannabis, you must notify the driver before getting in.
- While the vehicle is transporting cannabis on a public road, absolutely no one is allowed to handle, hold, examine, or inspect the cannabis.
The draft also sets firm daily thresholds, limiting adults to possessing a maximum of 750 grams in a public or private place during a single day, and cultivating a maximum of 5 plants in private.
It is also crucial to highlight what these regulations do not change: the commercial trade of cannabis remains strictly prohibited. It is still entirely illegal to buy or sell cannabis in South Africa; the law only permits private cultivation and use.
Whether you feel these strict limits and transport rules are a necessary step to establish legal certainty, or you are concerned that they create loopholes for privacy violations and unwarranted searches, your voice is critical right now. The government is legally obligated to consider the public’s input before these regulations are finalised.
It only takes a minute to formulate your comment and send it directly to the Department of Justice through our platform.
(Videos and summaries are available on the platform).
Source: Dear South Africa – you can leave your comments there.
