GROWING CANNA​BIS 
LEGALLY

The Cannabis for Private Purposes Act, 2024 (Act No. 7 of 2024) provides a legal framework for the personal cultivation, possession, and use of cannabis by adults in South Africa. This Act aims to regulate private cannabis use while ensuring it does not interfere with public safety or other legal obligations. Below is a summary of its key provisions:

1. Purpose of the Act
To give effect to the Constitutional Court ruling of 2018, which decriminalized the private use and cultivation of cannabis.
To regulate the use, possession, and cultivation of cannabis for personal use within clearly defined limits.
To provide penalties for non-compliance with the stipulated regulations.

2. Definitions 
Private Use: Use, possession, or cultivation of cannabis by adults in private spaces, not intended for distribution or sale.
Cannabis: Includes the flowering or fruiting tops, leaves, seeds, and resins of the cannabis plant.

3. Permissible Quantities
The Act adopts quantity regulations outlined in the earlier Cannabis for Private Purposes Bill (Draft Bill of 2020), which proposed limits for cultivation and possession to align with the Constitutional Court's directive. These quantities aim to balance personal freedoms with public safety concerns. Cultivation:
Individuals: Up to 4 flowering plants in a private space for personal use.
Households (2 or more adults): Up to 8 flowering plants collectively.
Possession in Private Spaces:
Individuals: Up to 600 grams of dried cannabis or its equivalent.
Households (2 or more adults): Up to 1,200 grams of dried cannabis or its equivalent.
Possession in Public Spaces:
Up to 100 grams of dried cannabis or its equivalent.
Sharing:
Cannabis can be shared between adults, provided no money is exchanged and quantities do not exceed the prescribed limits.
While these thresholds were initially proposed in the Draft Bill of 2020, the Act requires the Minister of Justice and Correctional Services to officially regulate and prescribe the maximum quantities permitted for cultivation, possession, and sharing. This ensures flexibility and the ability to adapt to societal and legal changes.

4. ProhibitionsSale or Commercial Distribution: The Act strictly prohibits the sale or distribution of cannabis without authorization.
Use by Minors: It is illegal to allow minors to use or have access to cannabis.
Public Consumption: Public smoking or consumption of cannabis is not allowed, except in designated spaces.
Exceeding Prescribed Quantities: Possession or cultivation of cannabis exceeding the stipulated limits is punishable.

5. Enforcement and PenaltiesExceeding Limits: Penalties include fines or imprisonment depending on the severity of the violation.
Unauthorized Sale or Distribution: Strict penalties apply, including significant fines and potential imprisonment.
Endangering Public Health: Additional sanctions may apply for actions that threaten public safety or violate other legal standards.

6. Safeguards and Responsibilities Ensures the protection of children from exposure to cannabis.
Provides guidelines for law enforcement to distinguish between personal use and illegal activity.
Empowers government agencies to create awareness programs about responsible use and health implications.

For more information, please read the  Cannabis for Private Purposes Act 7 of 2024 and the  Constitutional Court Judgement (2018)