A Guide to Cannabis Laws in South Africa

South Africa’s cannabis landscape has undergone a significant transformation in recent years, moving from blanket prohibition to a more nuanced approach that decriminalises personal use while maintaining strict controls on commercial activity. This evolution has created a complex legal framework that can be challenging to navigate. Here’s a comprehensive overview of the current cannabis laws and regulations in South Africa as of June 2025.

Personal Use and Cultivation: A Right to Privacy

The landmark 2018 Constitutional Court ruling decriminalised the private use, possession, and cultivation of cannabis by adults for personal consumption.This right to privacy is the cornerstone of the current legal framework. The subsequent Cannabis for Private Purposes Act of 2024 has further clarified the legal parameters for personal use.

While the Act is in place, it’s crucial to understand the “prescribed quantities” to remain within the bounds of the law. An adult may:

Possess in private: An unlimited number of seeds and seedlings for personal cultivation.
Cultivate in a private place:

Four flowering cannabis plants or their equivalent per adult for personal use.
A maximum of eight flowering cannabis plants or their equivalent in a dwelling occupied by two or more adults.

Possess in a public place: Up to 100 grams of dried cannabis.
Possess in a private dwelling: Up to 600 grams of dried cannabis per adult, with a maximum of 1,200 grams per dwelling with two or more adults.⁴

It is important to note that “private” extends beyond one’s home to include any private space where the public does not have a right of access. However, the consumption of cannabis in public spaces remains strictly illegal.

The Commercial Landscape: A Tightly Regulated Sector

While personal use is decriminalised, the commercial sale of cannabis for recreational purposes remains illegal. The Cannabis for Private Purposes Act explicitly prohibits the sale of cannabis and cannabis products for recreational use.

The legal commercial cannabis market in South Africa is currently restricted to medicinal cannabis. The South African Health Products Regulatory Authority (SAHPRA) is the governing body responsible for issuing licenses for the cultivation, manufacturing, and distribution of medicinal cannabis products.

Obtaining a medicinal cannabis license is a rigorous and costly process. Applicants must adhere to strict guidelines, including:

Good Manufacturing Practices (GMP): Facilities and processes must meet international quality standards.
Security Measures: Robust security plans are required to prevent diversion of the product.
Detailed Application: A comprehensive application must be submitted to SAHPRA, outlining business plans, cultivation methods, and product specifications.

CBD Products: Navigating the Schedules

Cannabidiol (CBD) products are legal in South Africa but are subject to specific regulations under the Medicines and Related Substances Act. The legal status of a CBD product depends on its concentration and intended use, categorised into different schedules:

Schedule 0: These products are available over-the-counter without a prescription. To qualify, a product must contain a maximum daily dose of 20mg of CBD and make only general health-enhancement claims. The THC content must be below a certain threshold.
Schedule 4: CBD products that do not meet the Schedule 0 criteria are classified as Schedule 4 medicines and require a prescription from a medical doctor.

Consumers should be mindful of these distinctions when purchasing CBD products to ensure they are acquiring them through legal channels.

The Murky Waters of Edibles

The legal status of cannabis edibles for recreational use is a particularly complex area. While the private possession and consumption of cannabis in various forms (including edibles prepared for personal use) is permitted under the personal use framework, the sale of THC-containing edibles is illegal.

In early 2025, the Department of Health issued a temporary ban on all foodstuffs containing cannabis, which was later withdrawn following public outcry. The government has indicated that it will be releasing new draft regulations specifically for cannabis-infused foods. Until these new regulations are in place, the commercial sale of THC-infused edibles remains prohibited.

Key Takeaways and a Word of Caution

Personal use is decriminalised, not legalised for commercial sale. You can grow and consume your own cannabis in private, but you cannot sell it.
Know your limits. Adhere to the prescribed quantities for possession and cultivation to avoid legal trouble.
Medicinal cannabis is a separate, highly regulated industry. A license from SAHPRA is mandatory for any commercial activity in this space.
Be discerning with CBD products. Understand the difference between Schedule 0 and Schedule 4 products.
The sale of recreational edibles is illegal. While you can make your own, purchasing them from an unlicensed source is against the law.

The legal landscape surrounding cannabis in South Africa is still evolving. To ensure full compliance with the law, individuals and businesses must stay informed about the latest legislative changes. Consulting with a legal professional for specific queries is always recommended.

Important Information:

Not Legal Advice: This article is a general guide and is not a substitute for professional legal advice. Always consult with a qualified lawyer regarding your specific situation.
Laws Can Change: Cannabis laws and regulations in South Africa are subject to change. Please verify any information with official government sources.
Health & Safety: Consult a healthcare professional before using cannabis for medicinal purposes.
Use at Your Own Risk: Any action you take upon the information in this blog post is strictly at your own risk. We will not be liable for any losses or damages in connection with the use of our website.

Sources and more information:

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