Cannabis Laws in South Africa: What’s Actually Legal?

By Katherine Pretorius

Let’s be real — most South Africans still aren’t 100% sure where we stand when it comes to cannabis laws. Some think it’s totally legal. Others think it’s still banned. And then there’s that one friend who swears growing two plants is fine, but three means jail time. So, what’s actually true?

Here’s a plain-language breakdown of South Africa’s cannabis laws as they stand now — minus the legal jargon and urban legends.

A Quick Flashback: The 2018 Constitutional Court Ruling

In September 2018, South Africa’s Constitutional Court made a game-changing ruling: adults are allowed to use and grow cannabis in private for personal use.

That means:

1. You can use cannabis in a private space
2. You can grow cannabis for yourself
3. You can possess cannabis for personal use

But here’s the catch — and it’s a big one — selling, buying, or trading weed is still illegal.

So yes, you can light up at home. But no, you can’t legally buy your bud from the corner plug or your local cannabis club — not just yet, anyway.

What Counts as “Private Use”?

The court didn’t give exact measurements on what “personal use” means — which is part of what makes things confusing. But here’s what we do know:

1. You can’t smoke in public (this includes your car, parks, beaches, etc.)
2. You can’t sell or give weed to someone else — even as a gift
3. You can’t carry large amounts without raising suspicion that you’re dealing

So, if you’re using it discreetly, not bothering others, and not trying to make money off it, you’re generally in the clear.

Can You Grow Your Own Weed?

Yes, but only for personal use, and only in a private place. That could be your backyard, balcony, or even a sunny windowsill — as long as it’s not visible to the public and no one else is accessing it without your say-so.

According to the updated policy, adults are allowed to have as many cannabis seeds and seedlings as they like. They can grow up to four flowering cannabis plants per person — or a maximum of eight plants per household if more than one adult lives there — as long as it’s done in a private space. Growing a jungle of weed that looks like a commercial operation? That might land you in hot water.

When it comes to dried cannabis, individuals may carry up to 100 grams in public and keep up to 600 grams per person (or 1,200 grams per household) at home.

Tip: Keep it small, secure, and personal.

What’s Still Illegal?

Here’s what can still get you into legal trouble:

1. Selling weed (including baked goods, oils, or seeds)
2. Buying weed, even from someone you trust
3. Transporting large amounts or having a scale and baggies, which could suggest dealing
4. Smoking around kids or in public
5. Driving under the influence — yep, cannabis counts as a DUI

You might’ve noticed cannabis clubs popping up — they exist in a legal grey area, and while many haven’t been shut down, they’re not technically protected under the law either.

What Happens If You’re Caught?

If you’re caught with cannabis in a way that doesn’t fit the “private use” definition, here’s what could go down:

1. Police might confiscate the weed
2. You could be arrested or fined, especially if they believe you’re selling
3. If it goes to court, the judge will consider how much you had, where you were, and what the intent seemed to be

Basically, context matters. A joint in your backyard? Fine. A bag of twenty pre-rolls in your backpack at the taxi rank? It might raise some eyebrows.

Is Legalisation on the Way?

Yes. The Cannabis for Private Purposes Bill, which aims to define clearer rules for personal use, possession, and cultivation, has been signed by President Cyril Ramaphosa.

The long-term goal? Many believe full legalisation (including a regulated market) is on the horizon. But for now, there are still many grey areas to navigate. Always check the laws before making any decisions about cannabis, you may be unsure of.

So, What Can You Actually Do Right Now?

Here’s the bottom line:

✅ Use cannabis in private

✅ Grow your own for personal use

✅ Keep it low-key and away from kids

❌ Don’t buy or sell cannabis

❌ Don’t smoke in public or while driving

If you stick to these basics, you’re likely on safe ground — but always keep an eye on law updates because things are still evolving.

Cannabis in South Africa isn’t illegal — but it’s not entirely legal either. We’re in this weird in-between stage where the rules are still a bit fuzzy, and the law still needs to catch up with public opinion. Until then, stay informed, stay respectful, and always use responsibly.

Cannabis laws in South Africa are evolving — and staying informed is the best way to protect your rights and enjoy responsibly.
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