Private use by adults, the Cannabis for Private Purposes Act, why buying and selling is still closed, and where CBD and hemp fit: the law as it stands in 2026.
5 min read · By Herbal Holland · Published · Updated
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Short answer: an adult may use and grow cannabis privately, but buying and selling it is still closed in South Africa, apart from medicines on a doctor's authorisation. CBD and hemp sit under their own rules. Here's how the pieces fit, as the law stands in October 2026.
In September 2018 the Constitutional Court found that an adult using, possessing or growing cannabis in private, for their own use, may not be prosecuted for it. Parliament followed with the Cannabis for Private Purposes Act 7 of 2024, signed in May 2024. It protects private use and cultivation by adults and opens a route to expunge old convictions for those acts.
The everyday limits (how much an adult may keep at home or carry, and how many plants) are set by regulations. The Department of Justice published draft regulations for comment in February 2026; until the final regulations are gazetted, any figures you read are proposals, not law.
| Where it stands | |
|---|---|
| Buying or selling cannabis with THC | Not allowed. There is no retail, club or dispensary licence for recreational cannabis in South Africa. |
| Medicinal cannabis | Only on a doctor's SAHPRA authorisation (Section 21), dispensed by an authorised dispenser. |
| Use in public | Not allowed. |
| Driving after using | Never. It's illegal and dangerous. |
CBD wellness products are sold over the counter under Schedule 0: no more than 600 mg per pack and 20 mg a day, with only modest claims. Hemp (plant material with no more than 2% THC) has been regulated under the Plant Improvement Act since December 2025.
This is general information, not legal advice. The regulations under the 2024 Act were still in draft when this was written; we update this guide when they change.
Stores: KwaZulu-Natal (Durban, Pietermaritzburg)
For adults 18 and older only. Keep all products out of reach of children and pets. Licensed medicines are supplied only to registered patients with a valid SAHPRA authorisation, by an authorised dispenser. Nothing on this site is medical advice.
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