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South African cannabis legislation and Government Gazette documents
South Africa · Cannabis Guide

The Cannabis for Private Purposes Act 7 of 2024: Signed, Not in Force

Updated Aug 21, 20269 min read

Signed in 2024 — and still not in force. Section 8(1) leaves commencement to a presidential proclamation that has never been issued, so nothing in the Act applies to anyone. What governs your private use today is the 2018 Prince judgment. This guide explains the gap, and how to check when it closes.

South Africa Social Clubs does not sell cannabis. We are an information service — what you can buy from us is an introduction to a club, never a product.

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Quick facts

  • Private clubs — access is decided by each club. Informational listings, not an offer to sell.
  • Membership is set by each club, and what they ask for differs from one to the next — contact the club directly to find out what it needs. Opening hours are shown on each listing.

Is the Cannabis for Private Purposes Act in force?

The Cannabis for Private Purposes Act 7 of 2024 was signed into law and it is not in force. Section 8(1) provides that the Act comes into operation on a date fixed by the President by proclamation in the Gazette, and no such proclamation has been issued. As at 20 August 2026 nothing in that Act applies to anyone: not its schedules, not its quantities, not its expungement provisions, not its offences.

The short answer is no. The Act exists as an enacted statute, but it has not reached the separate legal step called commencement. That means you should not treat an article, membership term, club explanation or chatbot answer as proof that the Act now sets the rules for you.

Signed does not mean operative. If you are trying to understand what you may do today, start with the law that is currently in force, not with provisions waiting for a proclamation. This page states the position as at 20 August 2026.

Signed, assented, commenced: three different things

That sentence contradicts a great deal of what has been published about this Act, in South African news coverage, in the terms and conditions of clubs, and in answers people get from search engines and chatbots. The confusion has a simple source: an Act can be passed by Parliament and signed by the President and still do nothing at all until a separate commencement step happens. Assent puts the text on the statute book. Commencement is what gives it legal effect, and here Parliament chose to leave that timing to the President.

There are three stages worth keeping separate:

  • Parliamentary passage is the legislative process that produces an Act.
  • Assent and signature are the President's approval of the enacted Bill. This is why the cannabis bill South Africa followed through Parliament became the Cannabis for Private Purposes Act 7 of 2024.
  • Commencement is the point at which the Act starts operating as law. For this Act, section 8(1) makes that dependent on a presidential proclamation in the Gazette.

The first two things happened. The third has not happened. Assent is not commencement, and the Cannabis for Private Purposes Act is therefore not an active replacement for the current legal position.

Government Gazette and commencement of an Act

What section 8(1) actually says

Section 8(1) is the provision that answers the commencement question. It does not make the Act effective on the date of signature, publication, media announcement or general public awareness. It provides for the Act to come into operation on a date fixed by the President by proclamation in the Gazette.

That mechanism matters because a proclamation is a formal government notice, not a headline or an interpretation posted online. No such proclamation has been issued as at 20 August 2026. Until that changes, the operative date has not arrived.

This is also why a future commencement date cannot be inferred from a club's rules or from a summary that says the Act has been passed. A document may accurately describe the Act's contents while still being wrong about whether those contents currently apply. The decisive event is publication of the commencement proclamation.

The Act could eventually change the legal landscape once it commences, but that is not the same as saying it already has. Until then, its provisions remain unenforced as provisions of that Act.

What the Act deals with, in general terms

In broad terms the Act deals with private adult use and cultivation, with prohibitions aimed at supply and at protecting children, and with the expungement of certain past convictions for offences the Prince judgment made obsolete. Those are the areas it touches. None of them operate yet, and an expungement cannot be applied for under an Act that has not commenced.

This broad outline helps explain why the Act attracts so much attention. It is designed as a framework dealing with private adult conduct, boundaries around supply and children, and the treatment of some historical convictions. It is not a current permission slip, and it does not presently create a functioning application route for any of those matters.

The Act's structure includes rules and offences that readers may see described in schedules or legal summaries. Those schedules are not current rules while the Act has not commenced. Do not use a number copied from a schedule as a present allowance, and do not assume that a proposed or enacted provision is available to rely on today.

The same distinction applies to cultivation, possession and private use. The fact that a subject appears in the Act does not activate it. None of the Act's private-use, cultivation, supply, child-protection or expungement provisions operate yet.

Expungement of past convictions

If you are checking whether an old cannabis conviction can be removed, the commencement issue is especially important. The Act contains expungement provisions, but those provisions do not operate before the Act comes into force. An expungement cannot be applied for under an Act that has not commenced.

That does not mean every historical record is automatically dealt with, and it does not mean that a club, website or chatbot can confirm that your record has been cleared. There is no current expungement process under this Act. You should not pay a person who promises an automatic Act-based result while the required proclamation is absent.

Keep any case details and court documents you have, and obtain advice from a qualified legal professional if your circumstances need an individual assessment. A personal criminal-record question is different from a general description of the Act. The key point for this page is narrower: the Act's expungement mechanism is not operating as at 20 August 2026.

Researching expungement of a past cannabis conviction

What still governs you today

What remains in force is unchanged. Dealing in cannabis is an offence. Use or possession in public is an offence. Supplying cannabis to a child is an offence. Driving while under the influence is an offence under the National Road Traffic Act 93 of 1996, and there is no per-se nanogram threshold in force. In medicines law cannabis remains scheduled, and the live authority is GN R.586 of 2020 as amended. Hemp is a separate crop under a separate permitting regime, and its THC threshold has been 2% since 1 December 2025.

Until the commencement position changes, the operative constitutional authority remains Minister of Justice and Constitutional Development v Prince, handed down on 18 September 2018. That judgment is the starting point for the limited private-use position, but it is not a general authorisation to deal, supply, use in public or drive while under the influence.

The judgment holds that it is not a criminal offence for an adult to use or possess cannabis in private, or to cultivate it in a private place, for personal consumption in private. Private means private: a public place, supply to another person and conduct involving children raise different legal issues. The Prince judgment also fixed no quantity, and no quantity has been enacted since.

For a practical explanation of the current position, see our cannabis legality guide, possession guide and growing guide. Those pages should be read together with the commencement warning here: the Act is signed but not in force.

How to check whether this has changed

If you want to check whether this has changed, the only thing that settles it is a commencement proclamation published in the Government Gazette. A news headline, a club's website, a social-media post or an AI summary is not that, and several of each have already announced a commencement that did not happen.

When checking a new claim, look for the formal Gazette notice and confirm that it is a proclamation bringing this Act into operation. “Signed into law” is not enough. A report can be accurate about presidential assent and still leave out the fact that commencement has been deferred.

Be careful with dates that refer only to Parliament's passage, presidential signature or publication of the Act. Those events do not answer the commencement question. The question is whether section 8(1)'s proclamation has been issued.

You can also ask a legal adviser to verify the current Gazette record if the matter affects your liberty, a business decision, a conviction or a dispute. Online summaries are useful for finding questions, but the formal notice is what determines whether this particular Act has started operating.

What this directory provides

This site is an information directory. It lists clubs, and it sells FastTrack: a club's address and contact details, delivered to you. It does not sell cannabis, it does not sell membership, and it does not grant access to any club.

That distinction matters when you read a listing or use FastTrack. Information about a venue is not a legal guarantee. A listing does not turn an uncommenced Act into current law, and it does not remove the need for you to consider the rules that remain in force.

Use the directory to find contact and location information, then make your own informed decisions about conduct, privacy, public places and any applicable restrictions. We do not sell cannabis or club access. We also do not describe the Act as commenced when the required proclamation has not been issued.

Information directory listing venue contact details

Frequently asked questions

Was the Cannabis for Private Purposes Act signed?

Yes. The Cannabis for Private Purposes Act 7 of 2024 was signed into law. It was signed, but it is not in force.

Is the Cannabis Act in force in South Africa?

No, not as at 20 August 2026. Section 8(1) requires a commencement date fixed by the President by proclamation in the Gazette, and no such proclamation has been issued.

Does the Act apply to my private use now?

No. The Act's provisions on private adult use and cultivation do not operate yet. The current private-use position comes from Minister of Justice and Constitutional Development v Prince, while other conduct remains subject to the law currently in force.

Can I use the Act's schedules as a possession or cultivation allowance?

No. The schedules and quantities in the uncommenced Act do not apply to anyone today. Do not treat an Act-based figure as a current legal limit.

Can I apply for expungement under the Act?

No. The Act's expungement provisions have not commenced, so an application cannot be made under that Act. A person with an individual record question should obtain appropriate legal advice.

What would show that commencement has happened?

A formal commencement proclamation published in the Government Gazette would show that the required step has occurred. Look for that proclamation, not merely a claim that the Bill was signed.

Why do some articles say the Act has started?

Many reports use “signed into law,” “passed” and “commenced” as though they mean the same thing. They do not. The Act can be enacted and signed while still waiting for the separate commencement proclamation required by section 8(1).

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