The New Cannabis for Private Purposes Act 2024 has not yet come into law. When the Justice Department decides on the final regulations referred to in the Act, it will be promulgated into law and will replace the Drugs Act as far as the prosecution of cannabis offences go. The CfPPA has been described as prohibition-lite. It is clear that the Justice Department still sees cannabis as a “dangerous dependence-creating drug” that needs to be tightly controlled by criminal sanction.

In terms of the penalties and transgressions detailed in the CfPPA, ‘dealing’ in cannabis remains a serious offence punishable by up to 10 years in prison. Below are a schedule of offences which refer to Sections 4 and 5 of the CfPPA.

Dealing in cannabis 

Section 4(1)

A fine or imprisonment for a period not exceeding 10 years or to both such fine and imprisonment

Adult person knowingly permits child to use or possess Cannabis 

Section 4(2)

A fine or imprisonment for a period not exceeding 12 months or to both such fine or imprisonment

Adult Person in possession of cannabis in public or private and fails to store same in a secure space that is inaccessible to a child  

Section 4(3)

A fine not exceeding R2 000

In possession of Cannabis in public or private more than 100 grams dried cannabis or cannabis equivalent (public) or more than 600 grams dried cannabis or cannabis equivalent per adult or 1200 grams per dwelling which is occupied by 2 or more adults

Section 4(4)

A fine or imprisonment for a period not exceeding 5 years or to both such fine and imprisonment

Cultivating Cannabis plants more than 4 flowering cannabis plants or plant equivalent per adult person or eight flowering plants per dwelling occupied by 2 or more adults

Section 4(5)

A fine or imprisonment for a period not exceeding 5 years or to both such fine and imprisonment 

Engaging a child to deal in cannabis

Section 4(6)

A fine or imprisonment for a period not exceeding 10 years or to both such fine and imprisonment

An adult providing or administering cannabis to a child where not prescribed by a medical practitioner

Section 4(7)

A fine or imprisonment for a period not exceeding 12 months or to both such fine and imprisonment 

Transporting 200 grams or more dried cannabis or cannabis equivalent

Section 4(8)(a)

A fine or imprisonment for a period not exceeding 5 years or to both such fine and imprisonment

Transporting cannabis and failing to comply with condition, restriction, prohibition, obligation, requirement or standard regarding the transportation thereof

Section 4(8)(b)

A fine not exceeding R2000.00

Using cannabis in a vehicle on a public road

Section 4(8)(c)

A fine not exceeding R2000.00

Passenger in a vehicle on a public road and failing to comply with condition, restriction, prohibition, obligation, requirement or standard regarding the transportation of Cannabis prescribed i.r.o such passenger

Section 4(8)(d)

A fine not exceeding R2000.00

Using cannabis in a public place

Section 4(9)

A fine not exceeding R2000.00

Using cannabis in a private place in the immediate presence of a child or non-consenting adult

Section 4(10)

A fine not exceeding R2000.00

Smoking Cannabis in a private place within a reasonable distance from a window of, ventilation inlet of, doorway to or entrance into another place

Section 4(11)(a)

A fine not exceeding R2000.00

Smoking Cannabis in a private place forming part of any public place where persons congregate within close proximity of one another and where the smoke is likely to cause a disturbance or nuisance to any person at that place

Section 4(11)(b)

A fine not exceeding R2000.00

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