H3 Legal Solutions has submitted formal public comments on the draft Regulations issued under the Cannabis for Private Purposes Act, 2024, which are currently open for public comment throughnthe Department of Justice and Constitutional Development.
The comments focus on how the Regulations are likely to work in practice for ordinary households and communities, particularly once enforcement begins. While the
Regulations are an important step in giving effect to the Act, several provisions raise concerns about how they may be applied on the ground.
Among the issues raised are the lack of clear guidance to law enforcement, the risk of uneven or discretionary enforcement, and the possibility that people acting in good faith may still face arrest or seizure because of technical or unclear requirements.
Specific concern has also been raised about the way possession limits are defined. The
Regulations set a mass-based threshold but do not specify what substance this applies to, nor do they distinguish between psychoactive cannabis, industrial hemp, or cannabidiol (CBD) products.
This creates a risk that individuals could face criminal consequences for possessing non-intoxicating material, despite the absence of any public-health risk.
This approach is not aligned with existing Department of Health and SAHPRA practice, which differentiates substances based on their effects and risk profile.
H3 Legal Solutions has raised these matters to ensure that the Regulations achieve their purpose without recreating criminalisation through unclear rules or scientific uncertainty. The intention is not to oppose regulation, but to support a framework that is workable, fair, and capable of consistent application.
The firm confirms that its submissions and proposals have been shared with the relevant departments and with parliamentary stakeholders as part of an ongoing, constructive engagement process.
Members of the public and affected communities are encouraged to participate in the public comment process and to make their views known before the closing date.
Issued by:
H3 Legal Solutions (Pty) Ltd / H3 Care NPC / Healthpath24
Cannabis Regulatory Advocacy & Compliance Advisory Divisions
