As reported in Medical Brief
Health Department says cannabis edibles ban will protect consumers
The National Department of Health has defended its decision this month to ban foodstuffs containing cannabis and hemp products, saying this was aimed at ensuring consumer safety while it works on a “grand plan” to involve the South African Health Products Regulatory Authority (SAHPRA).
At the beginning of March, Health Minister Dr Aaron Motsoaledi quietly gazetted regulations prohibiting the sale, importation and manufacture of food products with ingredients derived from cannabis, hemp seed oil, or hemp seed flour.
Health Deputy Director-General Dr Anban Pillay told News24 the primary objective of the legislation was to make sure the government was able to make decisions about cannabis that ensured the quality and safety of food, with the regulatory help of SAPHRA.
SAHPRA is empowered – through the Medicines and Related Substances Act – to regulate cannabis cultivation, manufacturing and distribution for medicinal purposes, using its discretion to grant licences to this effect.
SAHPRA does not, however, deal with the private or recreational use of cannabis.
It is also not clear how SAHPRA would regulate food items containing cannabis which are regulated through a different Act: the Foodstuffs, Cosmetics and Disinfectants Act, of which SAHPRA is not a custodian.
SAHPRA spokesperson Madimetja Mashishi said the body was currently engaging with the department and “would be in a position to express itself once the engagements were concluded”.
Pillay said the plan to integrate SAHPRA into the regulatory framework would ensure stringent quality and safety measures.
“When it comes to cannabis in particular, the global standard is that there is pre-authorisation for food containing cannabis. This means a government regulator would …make sure products meet the standards,” he said, “and evaluate the type of cannabis that’s been used, the chemical content… and make a determination as to whether that would be safe for people to consume.
“.. that’s what happens in most of Europe and other places.. once they’ve made a determination, then they authorise that company to produce and sell.”
He said the intention was “to exclude cannabis from being regulated through the food regulations and we want this to be done through the legislation that SAHPRA manages”.
Pillay said the Minister had received comments from organisations and individuals who were concerned about this decision.
“Several interested parties have made representation for alternative regulatory approaches. which are still under consideration. So, I think he will look at the comments and see whether he thinks he needs to amend.”
Opposition
The Minister’s decision was met with shock from industry bodies and activists.
AKOS BIO, an online medical cannabis pharmacy, said restricting hemp-based food products without justification severely undermines efforts toward economic growth, job creation, and environmentally friendly industrial innovation.
“Globally, hemp-derived food products like hemp seed oil and hemp seed flour are widely recognised as safe for human consumption, with no psychoactive effects. These products contain negligible THC levels and are entirely distinct from unregulated cannabis edibles that do not adhere to safety or labelling standards,” said co-founder Connor Davis.
“By failing to separate these categories, the proposed draft regulation unnecessarily criminalises an established and legitimate industry.”
He said while they acknowledged the risks posed by an unregulated cannabis food market, the government’s response should not be an outright prohibition.
“Instead, South Africa should adopt a risk-based regulatory framework that establishes safety and quality standards for hemp foodstuffs, ensuring consumer protection without unnecessary restrictions. (Government should) differentiate industrial hemp, hemp food products, and cannabis-based edibles to prevent over-regulation of safe and beneficial products and provide clear guidelines for the responsible and legal sale of cannabis products intended for medical or adult-use markets.”
Reverse
DA spokesperson for Health Michéle Clarke called on President Cyril Ramaphosa to reverse the regulation.
She said it disregarded public consultation and the voices of businesses and health experts, and accused the government of hypocrisy. She said she had been in meetings where the government had raved about the economic opportunities that cannabis can bring to the country.
“Instead of imposing restrictions, the government should support the hemp industry, which has the potential to boost jobs, improve public health, and drive sustainable economic development. The ban on cannabis-based foodstuffs smacks of the same reckless disregard for sound policy, stifling an industry that could significantly contribute to the economic security of the country.”
She said Motsoaledi has bypassed the required public consultation process, relying on a dubious claim that the regulations were needed without delay.
Cannabis activist from Fields of Green for All, Myrtle Clarke, said the ban was only going to create room for the black market.
“We have no idea what precipitated this disastrous piece of potential legislation. It came out of the blue. We know that the sale of THC is illegal, but to include hemp seeds and hemp flour and oil in this …which is something we have had access to for a long time… everyone is shocked.
“It will create a vacuum for the ‘cowboys’ to operate in the dark, especially because it is not clear how enforcement is going to work. If there were better regulation, there would be a body that puts checks and balances in place and holds establishment responsible for what they sell. We have been calling for regulations for years.”
Private cannabis clubs and medical marijuana dispensaries have exploded since a landmark 2018 Constitutional Court ruling – the Prince judgment – decriminalised the cultivation and use of cannabis by adults in private.
The Cannabis for Private Purposes Act was signed into law in 2024. It did not legalise the trade of cannabis, which is still treated as an offence under the Drugs and Drug Trafficking Act.
Legality
The banning decision has also been questioned by legal experts.
“A Minister is criminalising conduct that was previously not criminalised using powers derived from an arguably unconstitutional statute,” senior legal researcher Dan Mafora told IOL.
On his blog, he posted that “No Minister, acting under Parliament’s delegated authority in terms of an Act of Parliament, has the power to create new offences. South Africa is founded on the rule of law (section 1(c) of the Constitution) and although the country is in a time of crisis and charting unknown territory, the Constitution is not suspended”.
“This drastic measure contradicts prior regulatory frameworks and undermines South Africa’s ambitions to lead in the cannabis and hemp industries,” said attorney and chairman of Openfarms, Shaad Vayej.
He added that the decision places the country at odds with worldwide trends, which see governments increasingly adopting hemp-based food products for their economic and nutritional benefits, and that it contradicted what Ramaphosa said in his State of the Nation Address (SONA) in February.
The President had said the government wanted South Africa to spearhead the commercial production of hemp and cannabis and to be “leading in the commercial production of hemp and cannabis”.
“This reversal now criminalises previously lawful activities, creating massive uncertainty regarding the future of the non-medical, industrial hemp industry in South Africa,“ said Vayej.
He foresees an economic, agricultural, and consumer impact fallout from the ban. He cited the hundreds of hemp growing permits given to farmers by the Department of Agriculture, with the majority of these farmers producing hemp seeds for food, oil, and seed cake.
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Health Department says cannabis edibles ban will protect consumers
