South Africa Proposes Liberal Cannabis Regulations with Expungement for Past Convictions

South Africa is taking another step toward fully standardizing its cannabis laws. The Ministry of Justice has just published draft regulations. The document, dated February 2nd, 2026, specifies the amount of cannabis that can be legally possessed and cultivated.

South Africa has been in legal turmoil for years. The Constitutional Court decriminalized the private use of cannabis in 2018. However, clear implementing regulations were lacking. Police often exploited this loophole to harass citizens. This is now set to change.

New possession and cultivation limits in South Africa – details

The draft regulations introduce very liberal quantitative limits. These are significantly higher than in most Western countries.

Here is what the project provides for an adult citizen:

Possession: You may carry up to 750 grams of dried cannabis.
Location: The limit applies both at home and in public spaces.
Cultivation: Each adult may grow up to 5 cannabis plants for personal use.
By comparison, the possession limit in Germany is typically 25 grams. In South Africa, the government proposes an amount 30 times greater.

Transporting hemp in South Africa– only in the trunk

Many users ask about transporting cannabis by car. The new law regulates this very precisely. You can transport up to 750 grams of cannabis.

However, you must meet two conditions:

The dried fruit must be hidden from the view of others.
Must be in the trunk or closed glove compartment.
Cannabis may not be kept in the driver’s cab and must not be accessible while driving.

Protecting human rights and ending harassment of Rastafarians

The South African Human Rights Commission (SAHRC) supports these changes. For years, police have abused their power. Officers have arrested people for possession despite a 2018 court ruling.

The Rastafarian community was particularly hard hit. For them, cannabis is a sacrament, not a drug. A November 2025 SAHRC report revealed the scale of this problem. Rastafarians were systematically discriminated against and detained without just cause.

The police had a directive from August 2023 not to arrest for personal use. Despite this, arrests continued. The new, strict limits (750g and 5 plants) are intended to remove the police’s excuse for arrests.

Got an old conviction for smoking a joint? It will be expunged

This is one of the most important changes in the new law in South Africa. The bill provides for an “expungement” procedure, meaning the expungement of a conviction.

If you have a conviction for cannabis possession from years ago, it will be removed from your record. This is crucial for thousands of people who have struggled to find work due to minor offenses.

Is this the end of the fight for free hemp?

Not everyone is entirely satisfied. Organizations like Fields of Green for ALL remain vigilant. Activists fear the limits are being set arbitrarily.

They argue that the regulations could paradoxically restrict freedom by introducing bureaucracy. South Africans have until March 5th, 2026 , to submit comments. This is a crucial moment for the final shape of the bill.

__

(Featured image by Tobias Reich via Unsplash)

DISCLAIMER: This article was written by a third party contributor and does not reflect the opinion of Born2Invest, its management, staff or its associates. Please review our disclaimer for more information.

This article may include forward-looking statements. These forward-looking statements generally are identified by the words “believe,” “project,” “estimate,” “become,” “plan,” “will,” and similar expressions. These forward-looking statements involve known and unknown risks as well as uncertainties, including those discussed in the following cautionary statements and elsewhere in this article and on this site. Although the Company may believe that its expectations are based on reasonable assumptions, the actual results that the Company may achieve may differ materially from any forward-looking statements, which reflect the opinions of the management of the Company only as of the date hereof. Additionally, please make sure to read these important disclosures.

First published in FaktyKonopne. A third-party contributor translated and adapted the article from the original. In case of discrepancy, the original will prevail.

Although we made reasonable efforts to provide accurate translations, some parts may be incorrect. Born2Invest assumes no responsibility for errors, omissions or ambiguities in the translations provided on this website. Any person or entity relying on translated content does so at their own risk. Born2Invest is not responsible for losses caused by such reliance on the accuracy or reliability of translated information. If you wish to report an error or inaccuracy in the translation, we encourage you to contact us.