South Africa

Home cultivation protected (5 plants proposed)

Adults may cultivate cannabis in private. The draft regulations of February 2026 propose up to 5 plants per adult in a private place, with strict transport and concealment conditions. These figures remain proposals until the regulations are gazetted.

Medical via SAHPRA licence only

Medical cannabis is accessible only through SAHPRA-licensed channels: unregistered cannabis medicines may be authorised case-by-case under section 21, and licensed cultivation for export/research operates under strict SAHPRA permits. There is no over-the-counter medical market.

Private possession protected (limits pending)

Private adult possession is protected since the 2018 Constitutional Court Prince ruling and the Cannabis for Private Purposes Act 7 of 2024. The Act awaits final regulations; the February 2026 draft proposes up to 750 g per adult. Public use, and any sale or supply, remain criminal offences.

Sale prohibited; hemp permits since Dec 2025

All commercial cannabis trade is prohibited outside the SAHPRA medicinal licence. Since 1 December 2025, hemp (Cannabis sativa L. with <=2% THC) can be grown, imported and exported commercially under permit following the Plant Improvement Act change. A broader commercial Cannabis Bill is only expected in Parliament around mid-2027.

Clubs: high-risk grey zone (Haze Club ruling)

Grow clubs and social clubs have no legal recognition. In The Haze Club v Minister of Police, the Western Cape High Court declined to declare club cultivation-for-members lawful, treating it as potential dealing; the appeal was withdrawn, leaving that position as leading authority. Police raids on clubs and dispensaries continue. Absolute discretion, confidential member records and zero public visibility are existential for operators.