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)