Cannabis Laws in South Africa: What Is and Is Not Legal

In 1998, the Cape Law Society refused to admit Gareth Prince as a candidate attorney. He'd passed his exams. The problem was two prior cannabis possession convictions, and the fact that as a practising Rastafarian, he told them plainly he intended to keep using it for religious reasons. He took that refusal to the Constitutional Court in 2002 and lost, in a close, split decision. He kept working in law anyway, as an advisor rather than a fully admitted attorney, since he couldn't represent clients in court without that admission.

In 2012, police arrested Prince and his family at their home for growing cannabis. Rather than end there, that arrest became the vehicle for a new constitutional challenge, and in 2018 the Constitutional Court ruled unanimously that criminalising private cannabis use, possession and cultivation by adults was unconstitutional. Deputy Chief Justice Raymond Zondo delivered the judgment. Prince was in the room.

That ruling is the foundation everything below is built on. The 2024 Cannabis for Private Purposes Act turned it into a working legal framework with actual numbers attached. Here's exactly where things stand.

What's Legal Now

Private possession. Adults may possess up to 600 grams of dried cannabis, or the equivalent in other cannabis products, in a private space. Where two or more adults share a home, that rises to 1,200 grams for the household.

Private cultivation. Up to four flowering cannabis plants per adult in a private space, or eight per household where two or more adults live there. Seeds and seedlings can be possessed without limit, the plant count restriction only kicks in once they're flowering.

Where you're allowed to do this. Private use and growing is legal at home, and specifically covered even in sectional title schemes, share block schemes, homeowners associations and retirement developments, in other words, apartment and complex living doesn't automatically put you outside the law the way some assumed it might.

Carrying it in public. Up to 100 grams of dried cannabis can be carried in a public space, kept concealed. This covers transport, not consumption.

Criminal record expungement. Anyone with a past conviction for cannabis possession, use, or dealing can apply to have that record expunged through the South African Police Service, on the basis that the underlying conduct is presumed to no longer be criminal. For what it's worth, this is the part of the law that would have helped Prince decades earlier.

What's Still Not Legal

Public consumption. Carrying cannabis privately in public is fine within the limits above. Smoking or otherwise consuming it in public, or anywhere it creates a nuisance for people nearby, is not.

Exceeding the limits. Possessing more than the prescribed amount, or growing more than the prescribed number of plants, is a criminal offence, carrying a fine or up to five years imprisonment, or both.

Unlicensed commercial sale. Dealing in cannabis, meaning selling it, buying it for resale, or cultivating specifically to sell, remains prohibited outside a licensed channel. South Africa doesn't yet have a general recreational retail market open to just anyone. The legal route to market right now runs through the licensed medical cannabis system, regulated separately by SAHPRA, covered next.

Exposing children to cannabis. Adults, other than medical doctors acting appropriately, may not allow children to use or possess cannabis, or supply it to them, and must keep it out of reach. Engaging a child to deal in cannabis specifically carries the harshest penalty in the entire Act, up to ten years imprisonment. The best interest of the child is the standard courts are directed to apply in these cases.

The Medical Channel Is a Separate System Entirely

Everything above covers private, personal use. Medical cannabis runs on its own track, regulated by SAHPRA rather than the Cannabis for Private Purposes Act, with its own licensing for cultivation, manufacturing and prescribing. It's narrower, more clinical, and mostly geared toward licensed production rather than general public access. Full detail in [Medical Cannabis in South Africa].

Where LekkerWeed Operates

We deal in medical grade cannabis, tested to the standards covered throughout this article rather than the unregulated recreational grey area a lot of the broader market is currently stuck in. Every product carries its own Certificate of Analysis, covered in full in [Why Lab Tested Cannabis Matters], since testing isn't optional for us the way it is for most of the untested market out there. Full guidance on shopping smart within the current legal landscape in [Buying Cannabis Safely in South Africa].

FAQ

How much cannabis can I legally have at home in South Africa? Up to 600 grams of dried cannabis per adult in a private space, or 1,200 grams where two or more adults share a household.

How many cannabis plants am I allowed to grow? Up to four flowering plants per adult in a private space, or eight per household with two or more adults. Seeds and seedlings aren't limited.

Can I smoke cannabis in public in South Africa? No. You can carry up to 100 grams concealed in public, but public consumption, or use that creates a nuisance for people nearby, remains illegal.

Is it legal to buy cannabis in South Africa? Private possession and cultivation are legal. Commercial sale for recreational use is not yet regulated and remains outside the law except through the separate, narrower licensed medical channel.

Can I get an old cannabis conviction removed from my record? Yes. The 2024 Act provides for expungement of past convictions for cannabis possession, use or dealing, applied for through the South African Police Service.