In a legal note published on 16 February 2026, Thomas Schmidt and Joanne van Harmelen of Adams and Adams, pointed out some of the incongruities in the draft regulations published on 2 February 2026 that provide the operational detail the Cannabis for Private Purposes Act 7 of 2024 (CPPA).
One of the questions raised in the draft regulations is the concept of a catalogue of ‘permissible’ cannabis strains.
The draft regulations stipulate that only cannabis varieties or strains ‘permissible under applicable law’ may be transported.
“This appears to anticipate future legislation governing permissible strains, though no such provisions currently exist in the CPPA” say Schmidt and van Harmelen.
No further details are provided in the regulations as to what would qualify or disqualify any strain in terms of being ‘permissible’.
Currently the closest list there is of ‘permissible strains’ are the local varietals of hemp registered by the Agricultural Research Council, which is also compiling data on local landraces.
However, as far as Cannabiz Africa can ascertain, there is no proposal for any kind for any national register of cannabis strains.
“The idea is wholly impractical given the multiplicity of available cannabis strains” says one cannabis store operator who wants to remain anonymous.
“The whole concept of what makes a strain ‘permissible’ is crazy” she says. “Just think about it: what are the criteria and who’s going to decide? Where does the raw data come from? Hell, I’m not sure what cannabis strains I’ve got coming in next month because there is just so much on the market and new genetics coming out all the time”.
I don’t know how anyone in Government will even begin trying to compile an official data base of strains. And anyway, how is anybody to know whether this strain of Girl Scout Cookies or Wedding Cake is on or off the list if there isn’t a label on it?
“And what if the strain is off the list?” asks our anonymous store owner. “From what I’ve seen of the regulations, there’s no restriction on which cannabis strains one may consume, so everything’s permissible to use at home, it’s only some won’t be permissible for transport. Weird huh?”
The drafters of the regulations go into detail on conditions under which cannabis may be transported.
“The regulations cap transportation at 750 grams per day per person, inclusive of cannabis not yet removed from the plant. Cannabis must be concealed from public view during transit and during loading and unloading—preferably stowed in the boot or an enclosed storage compartment. Where that’s not feasible, a storage container ensuring concealment will suffice” write Schmidt and van Harmelen.
“Here’s where it gets interesting: cannabis must not be handled, held, examined, or inspected during transport. Nobody in the vehicle may disclose to third parties that cannabis is being transported. However, before boarding, drivers must notify passengers that cannabis is present, and passengers must similarly inform drivers if they’re bringing any aboard. Drivers retain the right to refuse entry if a passenger declines inspection of their cannabis. The regulations also prohibit mixing transported cannabis with any other substance.”
Schmidt and van Harmelen say there’s one other major gap in the regulations: “They don’t clarify whether the 750-gram limit refers to harvested or dried weight—a distinction that could make a significant practical difference”.
The Department of Justice has put the draft regulations for the Cannabis Act out for comment. The public has until the close of business on 5 March 2026 to submit any input on the Act.
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