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Shaad Vayej lawyer / chairman at Open Farms posted the following information to Linked in 11 March 2025
On 7 March 2025, South Africa’s Minister of Health gazetted a sweeping regulation under the Foodstuffs, Cosmetics and Disinfectants Act, banning the inclusion of any part of the Cannabis sativa L. plant—including non-psychoactive components such as cannabidiol (CBD), hemp seed oil, and hemp seed flour, in foodstuffs.
Shaad writes
This decision contradicts prior regulations, undermines the country’s cannabis industry ambitions, and isolates South Africa from global markets embracing hemp as a sustainable, nutritional, and economic powerhouse.
For years, South Africa moved toward a progressive, science-based approach to cannabis:
2019: CBD was exempted from strict scheduling for low-dose, non-medicinal use.
2020: Industrial hemp derivatives with minimal THC were legally incorporated into food.
2024: The Cannabis for Private Purposes Act excluded hemp seeds from its prohibitions, reinforcing their legality.
This ban undoes much of that progress, crippling businesses that relied on prior regulations, including farmers, retailers and manufacturers.
Hundreds of hemp cultivation permits have been issued by the Dept of Agriculture, with the majority of hemp farmers focusing on hemp seed production for food, oil, and seed cake. These businesses, many of which had aligned their operations with the previous regulatory framework, now face an uncertain future.
By banning hemp-based foodstuffs, the State is:
– Forcing businesses to halt production, resulting in financial losses, job cuts, and supply chain disruptions.
– Undermining investor confidence in the broader cannabis and hemp industry.
– Restricting domestic markets, leaving farmers dependent on volatile export demand.
Without access to local consumers, hemp producers may struggle to maintain sustainable production levels, potentially leading to a surplus that drives prices down and makes cultivation economically unviable.
Globally, the opposite is happening:
– The EU, US, UK, Canada, Australia, and Argentina all permit hemp seeds and oil in food.
– Scientific consensus deems hemp seeds safe, non-intoxicating, and nutritionally valuable.
– Hemp food products fuel a booming global market—one that South Africa is now shutting itself out of.
It is clear that this latest regulation is economically damaging, scientifically unfounded, and legally inconsistent. Moreover, it contradicts President Cyril Ramaphosa’s own statements in the latest State of the Nation Address, where he expressed that the State intended for South Africa to become a leading force in commercial production of hemp and cannabis.
If South Africa truly wants to establish itself as a global cannabis player, this regulation must be reconsidered. The government needs to engage with industry stakeholders, align its policies with scientific evidence, and follow the successful models set by leading economies worldwide. Otherwise, South Africa risks becoming an outlier—not in innovation, but in overregulation and economic self-sabotage.