Arya News - South Africans could be able to keep enough cannabis for around 2,000 joints under proposed new rules for private use.
South Africans could be able to keep enough cannabis for around 2,000 joints under proposed new rules for private use.
A government draft, put out for public consultation, suggested that private possession be capped at 750g (26oz).
Research by the University of Pennsylvania in 2016 found that the average joint contained around 0.32g of cannabis, News24 reported. That would mean a 750g personal stash would contain enough for more than 2,000 joints.
South Africa’s constitutional court overturned existing drug laws in 2018, when it ruled that the criminalisation of personal, private cannabis use by adults was unconstitutional, and told parliament to draw up new regulations.
New legislation has been slow to proceed since then, leading to criticism that the law had become a grey area and there was inconsistent police enforcement even as cannabis shops and clubs have sprung up.
The country’s Cannabis for Private Purposes Act was passed in 2024 but has not gone into full effect, partly because it was waiting for separate regulations to specify how much people could hold.
South Africa’s proposed limits would be far more generous than in US states which have decriminalised cannabis . States that have legalised the drug often allow possession of around one to three ounces (28g to 85g).
Compared to the US, South Africa’s proposed limits would be far more generous - AFP/Rodger Bosch
The highest US limits are in Massachusetts and Michigan, which allow possession of 10oz at home (283g).
Last year, Sadiq Khan, the Mayor of London, backed calls for the partial decriminalisation of cannabis possession , after a commission he set up suggested the way the drug was policed caused greater harm to society than its usage.
The 10-page South African public consultation paper suggests: “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.”
The legal limit for possession “in a public place for private purpose”, or for “transport for private purpose”, would also be 750g.
The draft also suggests: “The number of cannabis plants that an adult person may cultivate in a private place for private purpose may not exceed 5 cannabis plants at any given time, regardless of the size, shape or strain of the cannabis plant.”
It gives detailed rules on how legal amounts of cannabis can be transported in a vehicle. It must be concealed from public view and stored in the boot, a storage compartment, a sealed container, or kept in luggage.
The driver and other passengers must be informed of what is being carried, and the driver has a right to inspect the cargo to see if it is above the limit.
Cannabis, often known in South Africa as dagga, has been widely grown and used in the country since pre-colonial times, but use was banned during the 20th century.
Cannabis has been widely grown and used in South Africa since pre-colonial times - poco_bw/Alamy Stock Photo
In 2018, however, the constitutional court ruled that banning use in private was at odds with a person’s right to privacy.
The justice department explained: “While the constitutional court did not prescribe specific limits on the quantity of cannabis that may be possessed or cultivated for private use, it left this determination to parliament.”
Public consultation on the limits is open until early March, before the regulations go to South Africa’s parliament.
Paul-Michael Kiechel, a lawyer at Cullinan & Associates, who has dealt with cannabis laws, told News24 that the guidance was welcome, but there was still confusion.
He said the draft did not differentiate between fresh and dry weight.
Some of the wording was also ambiguous on what was allowed per person and what was allowed per single private space, he said.
Buying and selling are still prohibited, but the government has said it will introduce a commercial strategy to tap into the growing hemp and cannabis market.
A government commercial strategy on how to grow the industry is expected in the coming months.
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