A Turning Point for Cannabis in South Africa: What the Draft Regulations Really Mean
By Katherine Pretorious
The publication of South Africa’s draft cannabis regulations marks a genuinely historic moment for the country’s cannabis industry — and for the community that has been pushing for clarity, fairness, and recognition for years.
For the first time, the gears are visibly turning toward the full implementation of the Cannabis for Private Purposes Act. While the regulations themselves may look technical on paper, their significance is anything but small.
This is the moment many in the industry have been waiting for.
SACHIDA
Why these draft regulations matter
At the heart of the Cannabis for Private Purposes Act is a simple but crucial requirement: the Minister of Justice must issue regulations that clearly define how much cannabis may legally be possessed for private use — including permissible weights and volumes in homes and private spaces.
Until now, that step hadn’t happened.
The gazetting of these draft regulations is the first formal move toward full promulgation of the Act, and that’s what makes this moment so important. Without these regulations, the Act has remained largely theoretical. With them, it becomes real.
What promulgation actually changes
One of the most significant outcomes of promulgating the Act is that THC will be removed from the schedule of narcotics under the Drugs Act.
That shift cannot be overstated.
Removing THC from the narcotics schedule changes how cannabis is legally viewed in South Africa. It moves cannabis further away from criminalisation and closer to a regulated, rights-based framework — especially for private use.
For individuals, growers, and businesses alike, this represents a long-overdue correction to outdated legal classifications.
The work behind the scenes
This milestone didn’t happen overnight — and it certainly didn’t happen by accident.
SACHIDA has spent months campaigning for the promulgation of the Act, engaging with government departments, petitioning the DTIC, and maintaining consistent dialogue with policymakers across the past year. This process has involved sustained lobbying, detailed legal work, and the involvement of a dedicated legal team to move the matter forward.
It’s been slow, complex, and often frustrating — but this publication shows that pressure, persistence, and collaboration can produce results.
Legal certainty changes everything
One of the strongest responses to the draft regulations has been a sense of relief.
For years, uncertainty has been one of the biggest barriers holding the cannabis industry back. Farmers, small growers, investors, and service providers have all operated in a grey zone — unsure of what is permitted, what is protected, and what could change at any time.
Legal certainty is the foundation of any functional industry. As these regulations begin to take shape, they open the door for lawful businesses to plan properly, access benefits available under South African law, and invest in growth without fear of sudden regulatory shifts.
For small-scale farmers in particular, this clarity could be transformative.
This is only the first step.
It’s important to be clear: these draft regulations are not the finish line.
They represent the minimum statutory framework required to bring the Act into effect. Now that this foundation exists, the next phase of work begins.
SACHIDA’s focus will now shift toward developing and submitting detailed regulatory provisions that support the long-term health of the industry — not just compliance, but sustainability, inclusion, and economic opportunity.
This includes advocating for regulations that work for:
- Small and emerging farmers
- Historically marginalised participants
- Legal businesses operating in good faith
- The broader cannabis and hemp value chain
Addressing issues before finalisation
As with any draft legislation, the current regulations are not perfect.
One or two definitional issues have already been identified, and SACHIDA will be making formal representations to the Department of Justice and Constitutional Development before the public comment deadline of March 7, 2026.
This consultation period is an essential part of the process. It allows industry bodies, legal experts, and stakeholders to refine the framework before it becomes final — ensuring the regulations are workable, fair, and aligned with the Act’s original intent.
Collaboration, not confrontation
Throughout this journey, SACHIDA has remained committed to a collaborative approach.
Rather than positioning itself in opposition to government, the organisation continues to work alongside regulators and departments to build a framework that supports:
- Inclusive growth
- Legal certainty
- Economic transformation
- Long-term sustainability of the cannabis and hemp sectors
This cooperative approach is essential if South Africa is to unlock the full potential of the industry — not just for a few, but for the many communities that have been connected to cannabis long before it was regulated.
What happens next
The publication of the draft regulations is a signal: the process is moving.
Over the coming months, attention will turn to refining the details, addressing gaps, and ensuring that the final regulatory framework reflects both constitutional rights and real-world realities.
For the cannabis community, this is a moment to stay engaged, informed, and involved.
Because while this milestone deserves to be recognised, the future of the industry will be shaped by what comes next — and who has a voice at the table.