The legal framework
The Drugs and Drug Trafficking Act 140 of 1992 governs controlled substances. In Minister of Justice v Prince (2018) the Constitutional Court held that the criminalisation of the private use, possession and cultivation of cannabis by an adult in a private place was unconstitutional. The Cannabis for Private Purposes Act 7 of 2024 was signed into law to give effect to that judgment.
The lawful space is private: an adult may use and grow cannabis in a private place. Dealing, public use and supply to a child remain offences.
The 2024 Act provides for the expungement of certain past convictions for possession and use.
Other substances remain fully prohibited, with dealing punishable by up to twenty-five years' imprisonment.
Driving under the influence of a drug is an offence under the National Road Traffic Act.
Key points
| Main statute | Drugs and Drug Trafficking Act 140 of 1992 |
|---|---|
| Cannabis | Private adult use, possession and cultivation lawful (Prince, 2018) |
| Implementing Act | Cannabis for Private Purposes Act 7 of 2024 |
| Dealing | Up to 25 years' imprisonment |
| Expungement | Provided for certain past cannabis convictions |
In practice
- Public treatment is available through provincial health departments and SANCA centres, at low cost or free.
- Private cultivation does not authorise sale: the commercial market remains unlawful.
- Nyaope, a heroin-based mixture, is the dominant concern in several provinces and is treated as a serious dependence requiring opioid substitution.
Cost and coverage
SANCA and provincial services charge on a sliding scale; many are free. Private rehabilitation is expensive.
Recent changes
The Cannabis for Private Purposes Act was signed in May 2024, translating the 2018 judgment into statutory quantities and rules.
Where to go
- SANCA, South African National Council on Alcoholism and Drug Dependence.
- Provincial substance abuse treatment centres.
- Poisons Information Helpline, 0861 555 777.
- Emergencies: 10177 or 112.
Worth knowing
The lawful space is strictly private and non-commercial. Public consumption, sale and supply to a minor all remain offences.
Frequently asked questions
Is cannabis legal in South Africa?
Private adult use, possession and cultivation are lawful; dealing and public use are not.
Can past convictions be cleared?
The 2024 Act provides for the expungement of certain past convictions for cannabis possession and use.
Official sources and links
- gov.za — official government portal
- South African Human Rights Commission — constitutional rights body