South Africa’s relationship with cannabis (or dagga, as it’s affectionately known here) is a bit like a long-running telenovela. Surprising twists, passionate advocates, courtroom drama and slow-burn reforms.
Cannabis was once widely used by indigenous communities in South Africa long before European colonisers swooped in with prohibitionist laws in the early 20th century. Prohibition was deeply tied to colonial control, racism and social stigma, criminalising behaviours that had long cultural histories.
Then came the Medical, Dental and Pharmacy Act of 1928, which broadly banned “habit-forming drugs” including cannabis, and there it stayed for decades.
In September 2018, South Africa’s Constitutional Court delivered a landmark decision in Minister of Justice and Constitutional Development v Prince and others: it ruled that criminalising the private use, possession, or cultivation of cannabis by adults was unconstitutional because it violated the right to privacy.
This wasn’t a full “legalisation” in the commercial sense, but it decriminalised private use and set Parliament on a path to reform drug laws.
Cannabis for Private Purposes Act, 2024 – A New Framework
Parliament responded with the Cannabis for Private Purposes Act (2024), now law, aiming to put structure to the Constitutional Court’s decision. The Act:
- Respects the right of adults to use, possess and cultivate cannabis for personal use in private.
- Provides for expungement of past cannabis convictions.
- Empowers the government to set limits on amounts and plant numbers through regulations.
- Does not fully legalise commercial buying and selling yet.
So yes, you can grow and use cannabis privately as an adult, but the commercial world is still in the policy pipeline.
Draft Regulations – How Much is Too Much?
The government is currently inviting public comment on draft rules that would formalise:
- Up to 5 cannabis plants per adult (proposed)
- Up to 750 grams of cannabis possession per adult per day
These limits aim to clear up confusion and reduce arbitrary police action. Advocates and civil society stress that clear regulations are essential, but also that they must be just, equitable and protect small growers, traditional practices and human rights.
What’s Next: Beyond Decriminalisation
The current legal framework is seen by many as a stepping stone, not the final destination. There is advocacy for a policy that goes beyond private use to include:
- Licensed commercial markets
- Support for small and legacy growers
- Equitable industrial hemp frameworks
- Healing, cultural uses and economic opportunities for rural communities
Because when cannabis reform ignores traditional knowledge and economic inclusion, it’s just prohibition in swish new clothes.
Final Thoughts: Not “Legal” – But Largely Legal
If you want a human-rights, constitutional, private-use legalisation... South Africa kinda has it. But if you’re thinking of buying, selling, opening a shop or starting a cannabis brand, things are still in flux.
It’s exciting, it’s evolving, and it’s a great example of how grassroots activism puts pressure on policy to catch up with reality.
Disclaimer: This blog supports responsible cannabis use. The information contained in this article is for educational and informational purposes only and is not intended as health or medical advice. Always consult a physician or other qualified health provider regarding any questions you may have about a medical condition or health objectives.