Imagine a standard loaf of bread on the kitchen bench. According to specialist cannabis lawyer Paul-Michael Keichel of Cullinan & Associates, the draft regulations currently being discussed would set the legal personal possession limit at the same weight, 750 g of cannabis. At 0.5 g per joint, that works out to roughly 1,500 joints per adult.
The limit is part of the Cannabis for Private Purposes Act, legislation that is meant to give effect to the Constitutional Court’s 2018 judgment. That judgment de-criminalised private use, cultivation and possession of cannabis for adults, but it left a gap: the law has not yet been fleshed out with concrete numbers or enforcement rules. The draft regulations aim to fill that gap.
Keichel stresses that the 750 g figure is a benchmark, not a free-for-all licence to stockpile. The law still requires users to prove that the cannabis is intended for personal, private use. If police can show that a person’s conduct falls outside the constitutional protection, for example, by demonstrating intent to sell, the usual penalties under the Drugs and Drug Trafficking Act still apply.
What the limit means for everyday users
For most private consumers, the proposed ceiling is likely to feel generous. A typical daily user who smokes a joint a day would need over four years of consumption to reach the limit. However, the draft does not yet say whether the 750 g is measured on a wet-weight or dry-weight basis. Wet cannabis can contain up to 80 % water, meaning the same kilogram of wet plant material could be far less potent than dry flower. Keichel warns that if the limit is interpreted as wet weight, a person could inadvertently breach the law by simply carrying water-laden buds.
Another grey area is the treatment of extracts, oils, vapes and edibles. The current draft barely mentions these products, leaving law-enforcement officers without clear guidance on how to assess possession of non-flower cannabis items. That uncertainty could lead to inconsistent prosecutions.
Implications for small-scale growers and prospective retailers
The draft also touches on cultivation, but the language is vague. It is unclear whether the limit applies per property, per private space, or per individual living in a shared dwelling. For a backyard grower, that distinction could mean the difference between a legal hobby and a criminal offence.
Keichel is quick to point out that the private-use exemption does not extend to commercial activity. At present there is no licensing regime for cannabis shops, so anyone operating a storefront would still be considered a drug dealer under the Drugs and Drug Trafficking Act. The Cannabis for Private Purposes Act could eventually pave the way for a licensing system, but that step has not been legislated yet.
For entrepreneurs eyeing the nascent market, the draft regulations are a double-edged sword. On one hand, a clear possession ceiling reduces the risk of accidental breaches for personal use. On the other, the lack of clarity around cultivation limits, product definitions and commercial licensing creates a regulatory fog that could deter investment.
Why the rules matter now
South Africa’s cannabis market has attracted interest from local growers, foreign investors and a growing community of private users. Without clear statutory limits, police discretion varies widely, leading to reports of both over-zealous raids on private homes and missed opportunities to curb illicit trade. A concrete benchmark, even if imperfect, would give courts, police and citizens a reference point.
Keichel believes the delays are less about opposition to cannabis and more about the usual slow pace of legislative work. “The government is moving, but it is moving at the speed of bureaucracy,” he said. He expects the final regulations to be more practical than the current draft, but he cautions that opinions will differ on whether 750 g is too high or too low.
Until Parliament signs off on the final version, the legal landscape remains a patchwork of court rulings, draft rules and police interpretation. For private users, the key takeaway is to keep possession modest, be ready to demonstrate personal use, and stay alert for updates on wet versus dry weight definitions. For would-be growers and retailers, the message is to watch the legislative process closely and prepare for a licensing framework that is still years away.
