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SACHIDA: Draft Regulations Will Remove THC From Drugs Act, But There Are Issues with Definitions

SACHIDA has welcomed the publication of the draft Cannabis Act regulations saying cannabis is on the brink of being removed from the Drugs Act. But it says it will take up issues of definition and possession limits in its submission to the Justice Department.

The South African Cannabis and Hemp Industry Development Association (SACHIDA) welcomes the gazetting of the draft cannabis regulations, marking a historic milestone for the cannabis industry and broader community. The publication of these regulations triggers the next step toward the promulgation of the Cannabis for Private Purposes Act.


The Act requires the Ministry of Justice to issue regulations relating to the measurement of permissible weights and volumes of cannabis that may be held for private purposes in homes and private establishments. The release of these draft regulations therefore represents the first formal step toward full implementation of the Act.


SACHIDA has been actively campaigning for many months for the promulgation of the Act. Promulgation is critical as it will remove THC from the schedule list of narcotics under the Drugs Act, providing long-awaited legal clarity for the sector.


Over the past year, SACHIDA has petitioned the DTIC and other relevant government departments, engaged in continuous stakeholder discussions with government, and undertaken extensive advocacy efforts to help reach this milestone. The association has also appointed a legal team to support this process.


With the publication of these minimum statutory regulations, SACHIDA’s next focus, on behalf of its members, will be to campaign for and submit detailed provisions that will enable optimal and inclusive development of the cannabis and hemp industry. The emerging regulatory certainty will allow businesses, small-scale farmers, and all sectors of the value chain to fully participate in, and benefit from, the lawful cannabis economy in South Africa.


SACHIDA has identified certain definitional issues and personal possession levels within the draft regulations and will be submitting formal representations to the Department of Justice and Constitutional Development ahead of the 7 March 2026 deadline.


SACHIDA remains committed to working collaboratively with government and industry stakeholders to ensure that the final regulatory framework supports inclusive economic growth, transformation, legal certainty, respect of individual rights, and the sustainable development of South Africa’s cannabis and hemp sectors.


We welcome comments and engagement from all stakeholders in the industry.

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