Where We @ with SA Weed Law?
It's 2025 and the joints are still rolling—but where does the law stand? Let's break it down, no buzzwords, just facts (and maybe a little sass).
The 2017 Cape High Court Spark
Back in March 2017, Judge Dennis Davis said, “Nope” to laws that criminalised private use and cultivation. It was unconstitutional. The catch? Appeals meant we had to wait for the big guns—the Constitutional Court.
The 2018 Constitutional Court Drop
September 18, 2018: BOOM. Chief Justice Zondo and co. made it official—adults can grow, possess, and consume cannabis in private. No plant limits. No quantity caps. Just good ol’ private puffing. Parliament got 24 months to fix the laws. Spoiler: they took way longer.
SAPS Directive – August 2023
SAPS finally got the memo. Officers are told: don’t arrest for personal use or private grows. No quantity = no assumption of dealing. No warrant? Don’t even think about it. Got THC in your blood? That’s still a hot mess if you're behind the wheel. More on that later.
Private Cannabis Bill – 29 Feb 2024
The bill made it past all the red tape and landed on Uncle Cyril’s desk. Waiting for that final signature and gazette drop. So... what’s inside?
The Good
- Seeds, seedlings & clones? Looks like they’re good to trade.
- Grow at home, no plant limits.
- Smoke in private, no cap.
The Bad
- No selling flower, edibles, oils, or anything from the bud.
- Driving with THC in your system = illegal (even days later).
The Ugly
- Private Cannabis Clubs might get the chop depending on how the minister wants to play it.
Legal Nerd Bits (But Make It Snappy)
- New definition of cannabis: Seeds, seedlings, stalks = not cannabis. Flower = cannabis. ?
- “Private place” now includes cars, tents, communal land, and your nan’s caravan.
- No plant count. No possession limits. Yet.
- Minister still has the power to add new rules. Eyes open.
- Driving? If you’ve got THC in your blood, you're a criminal. Doesn’t matter if you're high or not. Madness.
Until It’s Signed...
We’re still operating under the 2018 Constitutional Court ruling and the SAPS directive from 2023. That means private cultivation and consumption = legal. Selling? Still not.
Don’t Be Fooled
Ignore the headlines. Ignore the Facebook lawyers. There is no new law yet until Cyril signs. Until then, play it smart and stay in your lane (preferably not while driving post-sesh).
Fields of Green’s full breakdown here: Read the full analysis
