Here at Fields of Green for ALL we have many years experience writing official stuff for government and other official entities.
If you are an adult in South Africa and these regulations affect your life. Your voice matters.
Why This Matters
South Africa has an Act passed by Parliament: the Cannabis for Private Purposes Act. However, it has not yet been promulgated into law. The Department has now published Draft Regulations, which must be finalised before the Act can become a functioning, enforceable law.
Here is the problem:
Many of the Draft Regulations contradict the Act itself. Some of them remove the rights that Parliament has already given to adults. Others add new restrictions that do not exist in the Act.
In simple terms:
Regulations are not allowed to change or exceed what Parliament has approved in the Act.
When regulations go further than the Act approved by Parliament, they become unlawful, even before the Act becomes proper law. That is why public comment is critical.
What Is a Public Comment?
A public comment is:
- Your written opinion, in your own words
- Sent to the government
- Explaining what you agree with, and what you do not
Public comments are part of the democratic process. South Africa is a democracy and our Constitution is the supreme law of the land. Neither the Act not the Regulations can take away our hard won rights that we were granted in 2018.
If enough people raise the same issues, clearly and respectfully, government is legally required to consider them.
You do not need to comment on every regulation unless you want to.
It is fine to:
- Focus on one or two top issues
- Comment on one or two regulations
A short, focused comment is often stronger than a long, confusing one.
Step 1: Choose the Issues You Care About
Start here.
Ask yourself:
- Does this affect how I grow, possess, or use cannabis?
- Does this affect my privacy?
- Does this affect my household or family?
- Does this criminalise behaviour that the Judgement or Act allows?
Pick the issues that matter to you. For example:
- Plant cultivation / possession / transportation limits
- Storage rules
- Inspections
- Registration requirements
- Penalties / enforcement
- Ambiguous language / confusing points
- Don’t forget issues that you might agree with, eg: Expungement of criminal records.
Step 2: Compare the Regulations to the Act (links to the docs in the first paragraph above)
Does the regulation say something stricter than the Act?
If the Act allows something, but the regulation restricts it, that is a red flag.
You can say, in plain language:
“The Act allows X, but this regulation limits or removes that right.”
Hint: Ask ChatGPT or any other AI to compare the Draft Regulations to the Act for you, if you feel that manually comparing them would be a little intimidating.
Step 3: Write in your own words
Use:
- Short sentences
- Simple words
- Clear points
- Relevance to specific regulations
*****Avoid:
- Insults
- Threats
- Rants
- All caps
Government can ignore angry shouting. They cannot ignore clear, reasonable objections.
A Simple Comment Structure You Can Copy
You can use this structure:
- Identify the regulation
State which regulation you are commenting on.
Example:
“I am commenting on Regulation X of the Draft Cannabis for Private Purposes Regulations.”
- Explain the problem in plain language
Example:
“This regulation places limits on adult private conduct that are not found in the Cannabis for Private Purposes Act.”
- Explain why this matters
Example:
“The Act was passed to protect adults’ privacy and personal freedom. This regulation undermines that protection.”
- Say what you want changed
Example:
“I request that this regulation be amended to align with the Act, or removed entirely.”
Pick-An-Issue ‘Cheat Sheet’
Choose from the many already identified issues below. Write in your own words. Explain how it affects you. Ask politely for it to be changed or removed.
Common issues people are raising:
- Plant and possession limits
- Arbitrary numbers with no explanation or evidence.
- Transport rules
- Privacy violations
- Rules that intrude into private adult conduct without justification.
- Vague wording and unclear terms like “mixed”, “inspect”, or “reveal” that invite abuse.
- Forced inspections by private people
- Drivers being required to act like police officers.
- Hidden re-criminalisation
- Legal conduct becoming criminal through technical rules.
- Unfair impact
- Rules that disproportionately harm poorer people, rural residents, or those without private spaces / vehicles.
Short. Clear. Personal.
That is a valid public comment.
Media & Community Explainer
What this is NOT about:
- It is not about being “pro-cannabis” or “anti-cannabis”
- It is not about avoiding rules or regulations
What this IS about:
- Whether regulations can go further than Parliament intended
- Whether adult privacy is respected
- Whether laws are clear, rational, and enforceable
The Draft Cannabis for Private Purposes Regulations raise serious concerns about:
- Overreach beyond the Act approved by Parliament
- Arbitrary limits with no explanation
- Vague wording that allows inconsistent enforcement
- Re-criminalisation of private adult conduct
Why public participation matters:
Public comments now can:
- Prevent confusing and unfair enforcement
- Reduce unnecessary arrests and prosecutions
- Avoid years of expensive constitutional litigation
Good law protects everyone — including the state.
Public participation is how that happens.
Deadline for public comments: 5 March 2026
Submissions must be made
for the attention of Mr M Mokulubete:
*–*–*–*
by post:
The Department of Justice and Constitutional Development, Private Bag X81, Pretoria, 0001
by hand:
The Department of Justice and Constitutional Development, Momentum Centre, 239 Pretorius Street, Pretoria.
by email:
MMokulubete@justice.gov.za
For more info, please contact Mr M Mokulubete on 012 406 4753 / 084 842 5780.
(If you can, please Bcc fieldsofgreenforall@gmail.com if you email your comments)
I have been in the cannabis family for 8yrs now & I have experienced alot of injustices with regards to smoking cannabis, eating cannabis or sharing cannabis so all I can say is pls REMOVE CANNABIS FROM THE DRUG TRAFFICKING LAW BECAUSE ITS MEDICAL & HELPS ALOT OF US KEEP SANE WITH ALL THE STRESSES OF THIS WORLD. LETS GO BACK TO OUR ROOTS. GOVERNMENT WILL JUST FOLLOW. UNITED WE STAND DIVIDED WE FALL. ONELOVE
Cannabis will be removed from the Drugs act one the private purposes act is active law. This happens when regulations are passed.
Lets engage stoners
I an I don’t wana be limited with the use of the herb. End of story.!!
Gooday yes I don’t think there are no effects on the communities if u don’t use it in the wrong place but it will be a good idea to grow it en every one need money for food on the table
Focus on the “Practical Impact”
Since the Act was passed by Parliament and the Regulations are just the “fine print” on how to enforce it, you don’t need to argue the law. You just need to explain why the new rules won’t work for you.
The “So What?” Test: If a regulation adds a new restriction, ask yourself: “How does this make my life harder than the original Act did?” * Example: If the Act says you can own a certain item, but the Regulations make the permit so expensive that no one can afford it, that is a “contradiction” worth mentioning.
2. Use the “Status Quo” Comparison
You can point out where the regulations feel “extra” by using a simple three-step structure:
What the Act says: (e.g., “The Act allows for X.”)
What the Regulation does: (e.g., “But Section 4 of the Regulations adds a ban on Y.”)
Your Verdict: (e.g., “This exceeds the power given by Parliament and should be removed.”)
3. Keep it Organized
Government officials have to read thousands of these. To make sure yours isn’t ignored:
Refer to specific sections: If you are complaining about a rule, mention the number (e.g., “Regarding Draft Regulation 12…”).
Be clear on your stance: Start with “I support…” or “I object to…”
Suggest a fix: Instead of just saying “this is bad,” say “this should be deleted to align with the Act.”
The Hierarchy of Law
To visualize why your comment matters, think of it like this:
The Golden Rule: A lower level (Regulations) cannot “break” or “overrule” a higher level (the Act). If the Regulations are trying to do something the Act didn’t mention, they are “ultra vires”—Latin for “beyond the powers.”
How to G
dis came out on 6th Feb on Bob Marley Birthday Anniversary !!! so was dis a way to disrespect bredda Bob ??.?
look Gorvanment gave away all our minerals to Trump and his thugs , now yuh want in on our sacrament , it’s like yuh want us to church with out using our Bible ( in dis case Ganjah herb ) ???
Am commenting on the regulation Drug’s & narcotics act. That state Ganja is a drug. I would ask the Government to remove Ganja from the Drug trafficking act. It’s a herb not a drug.
It is your right to send comments. Once The Private purposes Act becomes active law though ( it currently is not)will it facilitate the removal of cannabis from the drugs Act. Comments should be based on the draft regulations.
I would like the government to remove dagga from drug lists, it’s a herb and everyone’s who wishes to plant it should do so without being harassed by the Cops.
#Legalize It
#don’t critise it ✊️
The biggest issue for me is equality before the law.
Why not apply existing laws on alcohol and tobacco to cannabis, where relevant?
I agree with Nicholas Heinamann besides people being lazy some are illiterate but want to participate and some just don’t have the time and capacity due to many other daily issues so yes a more simple and straight to the point draft will go a long way
This is great but people are lazy and I think a draft covering some or all of these issues would be super helpful
Government cannot have the right to search or abuse us when searching us,especially Rasfarians.
They must also know that a Cannabas tree give very little grams so we have to grow eenough and its natural ways of growing with no side effects on communities