Possession and Cultivation Limits

Q: How much cannabis am I allowed to possess in a private place?
A: An adult person may possess a maximum of 750 grams of cannabis for private purpose in a private place at any given time during the course of a single day. [Reg 2(1)]

Q: Is the possession limit different if I am in a public place?
A: No. The regulations state that an adult person may possess a maximum of 750 grams of cannabis in a public place for private purpose at any given time during the course of a single day. [Reg 2(2)]

Q: How many cannabis plants can I grow at home?
A: An adult person may cultivate a maximum of 5 cannabis plants in a private place for private purpose at any given time. [Reg 3]

Q: Does the size or type of the plant matter for the 5-plant limit?
A: No. The limit applies regardless of the size, shape, or strain of the cannabis plant. [Reg 3]

Q: Does the definition of “cannabis plant” include hemp?
A: No. The regulations define a “cannabis plant” as a plant of the genus Cannabis of which the flowering or fruiting tops have not been removed, but explicitly excludes hemp. [Reg 1 (“cannabis plant”)] Hemp is defined separately as a plant of the genus Cannabis that has a concentration of trans-delta-9-tetrahydrocannabinol in the leaves and flowering heads of not more than a percentage as may be prescribed, and is cultivated under the authority of a law that regulates its cultivation. [Reg 1 (“hemp”)]

Transportation of Cannabis

Q: What is the maximum amount of cannabis I can transport in my vehicle?
A: An adult may transport a cumulative maximum of 750 grams of cannabis for private purpose at any given time during the course of a single day. This includes cannabis that has not been removed from the plant. [Reg 4]

Q: How must cannabis be stored or concealed while driving?
A: The cannabis must be concealed from public view during transportation in one of the following ways:
Placed in the boot, trunk, or at the back, or in an enclosed storage compartment of the vehicle. [Reg 5(1)(a)]
If that is not possible, it may be transported in a storage container, provided the container’s structure ensures the cannabis is concealed from public view. [Reg 5(1)(b)]
If the storage compartment is not fully enclosable, the cannabis must be covered to ensure it is completely concealed from public view. [Reg 5(1)(c)]
The regulations also require concealment from public view at the time the cannabis is brought onto the vehicle and after it is loaded, regardless of amount. [Reg 5(5)(a)]

Q: Are there specific prohibitions for a driver while on a public road?
A: Yes. A person transporting cannabis may not:
Mix the cannabis with any other substance (or possess mixed cannabis) transported on a public road. [Reg 5(3)(a)]
Handle, hold, examine, or inspect the cannabis while transporting it. [Reg 5(3)(b)]
Reveal to people who are not passengers that the vehicle is transporting cannabis. [Reg 5(3)(c)]

Q: Can I transport any strain of cannabis?
A: The regulations state as a “standard” that only the variety or strain of cannabis permissible by any applicable law in the Republic may be transported in that vehicle. [Reg 5(6)]

Driver and Passenger Obligations

Q: What must a driver do if they are carrying cannabis and want to pick up a passenger?
A: The driver must notify the passenger that the driver is carrying cannabis before the passenger enters the vehicle. [Reg 5(4)(a)]

Q: What if a passenger wants to bring cannabis into the vehicle?
A:
Passenger’s Duty: The passenger must notify the driver that they are carrying cannabis before getting into the vehicle. [Reg 6(4)(b)]
Driver’s Duty: If notified by a passenger that the passenger is carrying cannabis onto the vehicle, the driver must verify if the cannabis is of an amount permitted in the regulations (the draft cross-references the public-place possession limit). [Reg 5(4)(b)] [Reg 2(2)]
Right to Refuse: The driver may refuse entry if the passenger refuses an inspection of the cannabis they are bringing onto the vehicle. [Reg 5(5)(b)]

Q: How must a passenger store their cannabis?
A: The cannabis must be kept in the passenger’s bag or luggage, or placed in the boot/trunk/at the back or in the enclosed storage compartment. It must be concealed from public view. [Reg 6(1)] It must be within the permitted transport quantity and must not be readily accessible to any other passenger. [Reg 6(2)(a)–(b)] The regulations also require concealment from public view at the time of loading onto the vehicle and after it is loaded, regardless of amount. [Reg 6(5)(a)]

Q: Can a passenger refuse to get in a car transporting cannabis?
A: Yes. A passenger may refuse to enter the vehicle if the driver is transporting cannabis in excess of the prescribed limits. [Reg 6(5)(b)]

Expungement of Criminal Records

Q: Who can apply for the expungement of a criminal record?
A: A person may apply if the offence is one of the cannabis-related offences listed in Form 1 (including offences under previous legislation such as the 1971 and 1992 Acts and certain former homeland laws) and the conviction and sentence were not automatically expunged by SAPS Criminal Record Centre. Form 1 indicates that a clearance certificate reflecting the offence and confirmation that it was not automatically expunged must be obtained from SAPS Criminal Record Centre before submitting the application. [Form 1 (Part I & Part II)]

Q: How do I apply for expungement?
A: You must submit an application on a form that corresponds substantially with Form 1. [Reg 7(1)] The original application must be delivered by hand or post to the Department of Justice and Constitutional Development. [Reg 7(2)]

Q: What happens after I submit my application?
A:
Further information: An official may request further information in writing if the information in Form 1 is inadequate or not clear. [Reg 7(3)]
Director-General decision (if declined): If the application is declined, the Director-General must inform the applicant in writing within 14 working days, together with the reasons for refusal. [Reg 9(2)]
Certificate issue (if approved): If approved, a certificate of expungement must be on a form that corresponds substantially with Form 2. [Reg 8]
Submission to Police: The Director-General must submit the certificate to SAPS Criminal Record Centre within 14 working days after it has been issued. [Reg 9(1)]

Q: How will I know when my record is expunged?
A: SAPS Criminal Record Centre must inform the applicant in writing (by post or electronically) that the criminal record is expunged within 21 working days after receipt of the certificate. [Reg 10(1)] The applicant (or an authorised person) may collect the certificate from SAPS Criminal Record Centre during office hours. [Reg 10(2)]

Public Comments on the Draft Regulations

Q: What are the contact deadlines for public comments on these draft regulations?
A: Comments must be submitted not later than Thursday, 5 March 2026. [Gazette invitation (2 Feb 2026)]