The President has assented to the Cannabis for Private Purposes Act [Act 7 of 2024] (the Act).
In terms of its preamble, the Act seeks to:
- respect the right to privacy of an adult person to use or possess cannabis;
- regulate the use or possession of cannabis by an adult person;
- provide for an alternative manner by which to address the issue of the prohibited use, possession of, or dealing in, cannabis by children, with due regard to the best interest of the child;
- prohibit the dealing in cannabis;
- provide for the expungement of criminal records of persons convicted of possession or use of cannabis or dealing in cannabis on the basis of a presumption;
- amend provisions of certain laws; and
- provide for matters connected therewith.
While the Act was published on 3 June 2024 in
Government Gazette No. 50744, it will only take effect on a date formally announced by the President in the
Government Gazette. Notably, the Act allows for the use, possession and cultivation of cannabis by an adult in a private place for a private purpose, however, the maximum amounts are not yet determined. The Minister of Justice and Constitutional Development will determine these maximum amounts through regulations which must be approved by Parliament before publication in the
Government Gazette.
The Act is the culmination of significant public participation and deliberations dating back to 2020. Whilst the Act does not address all the issues raised during and/or emanating from the aforesaid processes and does not necessarily provide for the extensive reform as proposed and/or advocated for by various interested parties, it could catalyse reshaping South Africa's cannabis landscape.
A copy of the Act can be accessed here.
