Feb
The 2018 Constitutional Court ruling promised change for dagga-lovers across South Africa, recognising an adults’ right to grow, possess, and use cannabis in private. Yet today, with the Department of Justice and Constitutional Development’s draft regulations under the Cannabis for Private Purposes Act, we find ourselves staring down the barrel of a loaded gun.
Unfortunately, policy makers don’t understand cultivation and in its existing form the new bill would put an end to the wishy washy grey area that the country has had for the last 8 years. The bill completely misses the mark on how most seasoned growers cultivate and fails to take into account the importance of basic things like phenohunting, mother libraries or even the fact that regular seeds need to be sexed and don’t yield smokeable flower. Click here to jump to these limits.
A landmark ruling and its legacy
On 18 September 2018, the Constitutional Court issued a unanimous judgment in Minister of Justice and Constitutional Development and Others v Prince (CCT 108/17). The case challenged blanket criminalisation of cannabis brought by Gareth Prince, a Rastafarian lawyer, and Jeremy Acton, founder of the Dagga Party of South Africa.
The Court declared sections of the Drugs and Drug Trafficking Act and Medicines Act unconstitutional for violating the right to privacy under Section 14 of the Constitution. Adults were affirmed as free to use, possess, and cultivate cannabis in private, without fear of arrest. The decision was not about commercial markets or public use, it was about how each South African has a right to privacy within their home. Importantly, the Court considered evidence showing that cannabis poses lower risks than legal substances like alcohol and tobacco.
How policy evolved
Immediately after the ruling, the South African Police Service issued internal directives instructing officers not to arrest adults for small quantities of cannabis in private. Many of these directives were ignored with arrests continuing to occur across the country. In particular, the SAPS continued to run press material on the raids of ‘hydroponics laboratories’. A nice scary name for the general public to refer to any dagga being grown under artificial lighting with a controlled environment.
Over the years several directives were leaked to the public, giving insight into the ongoing challenges SAPS had with adapting to the new regulations. Particularly of concern was the fact that they were still arresting and jailing people without simply issuing a summons, as directives had instructed.
Over the following years, multiple drafts of the Cannabis for Private Purposes Bill were debated, often leaked to the public. Advocates pushed for practical rules that balanced privacy, public health, and child protection.
Finally, in May 2024, President Cyril Ramaphosa signed the Cannabis for Private Purposes Act into law. Adults (18+) were formally allowed to use, possess, cultivate, and transport cannabis for private purposes, while restrictions were placed on supply to minors and public consumption.
New Dagga Limits For Home Growers
In February 2026, draft regulations were published to define possession and cultivation limits. Key proposals include:
- Possession: Maximum 750 grams of dried cannabis (or equivalent) for private use.
- Cultivation: Hard cap of five plants per adult at any time, regardless of size, strain, or stage of growth.
- Public input: Comments are open until 5 March 2026.
These limits will determine how the Act is implemented for years to come, and they may still be amended based on public feedback.
Why these limits matter
On paper, five plants may sound reasonable. In practice, the restriction threatens meaningful personal cultivation:
Pheno-hunting and selective breeding
Growers often germinate dozens of seeds to identify the best traits. A cap of five plants prevents this process entirely.
Maintaining mother plants
Responsible growers keep mother plants for cloning. With the draft rules, each clone counts toward the five-plant limit, making sustainable breeding nearly impossible.
Yield mismatch
Five plants may produce far more than 750 grams outdoors or far less indoors, depending on growing conditions. Indoor growers, often producing smaller, controlled crops, are disproportionately affected.
The rules also fail to distinguish between seedlings, clones, vegetative plants, and flowering plants. Every stage counts equally toward the cap, further limiting responsible cultivation practices.
The broader implications
The regulations are not about commercial expansion, they are about protecting privacy and autonomy at home. Yet if implemented as-is, they risk:
- Stifling genetic diversity
- Restricting hobbyists, medical users, and breeders
- Reinforcing outdated stereotypes against indoor cultivation
A more balanced approach could include: higher personal plant limits, allowances for mothers and clones, or yield-based rules that accommodate different cultivation styles.
ACT NOW!!
The draft regulations are not final. Parliament will review public comments before issuing a final version. Every adult South African has the opportunity to influence the rules and ensure they align with the spirit of the 2018 Constitutional Court ruling.
Submissions should be sent by 5 March 2026 to:
- Email: MMokulubete@justice.gov.za
- Post: Department of Justice and Constitutional Development, Private Bag X81, Pretoria, 0001
- Hand delivery: Momentum Centre, 239 Pretorius Street, Pretoria
Full details and the draft regulations are available on the Department’s website: https://www.justice.gov.za/legislation/invitations/invites.htm
Let them know your thoughts and concerns, as adult cannabis consumers and growers. Provide them with easy-to-understand explanations around why a 5 plant limit is unreasonable. Don’t aim to argue, aim to educate, providing insight into an industry and hobby they may not understand. Further elaborate on how these restrictions reduce your right to cultivate in public and contrast the 2018 Constitutional Court ruling and always be polite when engaging in these discussions, it will be better for everyone.
The takeaway
This is a critical moment for private cannabis cultivation in South Africa. The rules enacted today will shape personal freedom, genetic preservation, and responsible home growing for years to come. Acting now is not advocacy for unlimited growth, it is about ensuring proportional, fair, and practical regulations.
The path set by the Constitutional Court was clear: adults deserve privacy and autonomy in their homes. The draft regulations should support that vision – not impose unnecessary barriers.
