G. 50744
GoN 4922
3 June 2024
The Cannabis for Private Purposes Act 7 of 2024 intends to:
- Respect the right to privacy of an adult person to use or possess cannabis;
- Regulate the use or possession of cannabis by an adult person;
- Provide for an alternative manner by which to address the issue of the prohibited use, possession of, or dealing in, cannabis by children, with due regard to the best interest of the child;
- Prohibit the dealing in cannabis;
- Provide for the expungement of criminal records of persons convicted of possession or use of cannabis or dealing in cannabis on the basis of a presumption;
- Amend provisions of certain laws; and
- Provide for matters connected therewith.
Summary
Definition of Cannabis
- No longer referring to the whole plant, Cannabis is now defined in the law as the flowering or fruiting tops of a Cannabis plant and includes products made from it, but excludes any seed, seedling, stalks, leaves and branches without any fruit or flower, and the roots of a Cannabis plant, including products made from that.
Private Purposes and Private Place
- Adults may use and possess Cannabis in private for a private purpose.
- Adults may share Cannabis with other adults, without exchange of consideration (any form of compensation, gift, reward, favour or benefit), in private for a private purpose.
- You may not use Cannabis in the presence of a child or a non-consenting adult.
- You may not use Cannabis in a private place near a window or ventilation inlet of another place, or a doorway or entrance to another place.
- You may also not use Cannabis in a private place that forms part of a public place where people gather closely together or where smoke is likely to bother another person at that place.
- Adults may possess but not use Cannabis in a public place.
Children
- You may not allow a child to possess or use Cannabis.
- You may not supply a child with Cannabis unless the child’s parent or guardian administers Cannabis prescribed to the child by a medical practitioner.
- Adults must take measures to ensure that any Cannabis they possess is inaccessible to any children.
- You may not engage a child to deal in Cannabis.
Amends
Drugs and Drug Trafficking Act 140 of 1992
National Road Traffic Act 93 of 1996
Commencement
To be proclaimed