The Cannabis for Private Purposes Act, 2024 (No. 7) is an act of the Parliament of South Africa relating to the possession of cannabis in certain situations.
History.
The Drugs and Drug Trafficking Act, 1992 put strict regulations on possession, sale and distribution of cannabis. The act also prohibits selling cannabis without the relevant medicinal licenses.
In 2002, in "Prince v President of Law Society of Cape of Good Hope and Others", the Constitutional Court held in that the prohibition of cannabis was not contrary to the freedom protections in the Bill of Rights, and this would have provided for a special exemption for Rastafarians only.
In 2018, in "Minister of Justice and Constitutional Development and Others v Prince", the Constitutional Court decriminalised the private use and cultivation of cannabis for adults, under the right to privacy.
Consultations on amending the relevant statutes began in 2020.
Provisions.
Most provisions in the act relate to protecting individual privacy.
The act allows for adults to be able to:
The act requires that cannabis be consumed in private spaces and that public consumption be prohibited. The act has measures to protect children from exposure to cannabis—it specifically includes penalties for those who allow children to possess or use cannabis. The act allows for the expungement of criminal records for individuals who were previously convicted of the possession or use of cannabis for personal consumption.
Further developments.
In March 2025, the Department of Health banned cannabis seeds and seedlings under the Foodstuffs, Cosmetics and Disinfectants, 1972. As of March 2025, regulations to implement the Cannabis for Private Purposes Act, 2024 are not operational.