Damaging new law officially withdrawn

The National Department of Health has officially withdrawn a mid-March change to regulations that banned the import, production and sale of foodstuffs containing cannabis in South Africa.

The withdrawal comes two week after president Cyril Ramaphosa notified the department to do so, calling for further consultations on the matter.

The health department will now consult broadly before publishing revised regulations.

Health minister, Aaron Motsoaledi expressed concern about unregulated imported foodstuffs containing hemp and cannabis “flooding” South Africa.

This led to the outright ban on importing, producing, or selling of any food containing these and their derivatives.

However, the blanket ban was met with wide criticism in the cannabis and hemp industry, particularly because it had the effect of criminalising food items that were not illegal before.

The ban applied to any part of the plant or component of cannabis, including Sativa, Indica, Ruderalis, hemp seed oil, or powder derivatives from the various species or sub-species.

There is a critical distinction between hemp-derived food products such as hemp seed oil and hemp seed flour and unregulated cannabis products.

The former are widely recognized as safe for human consumption, with no psychoactive effects. However, under the ban, these items were criminalised.

Any person selling, importing or manufacturing foods containing these prohibited substances would have been guilty of an offence and liable to a fine or imprisonment upon conviction.

Following backlash from the wider industry and impacted parties, Ramaphosa ordered a reversal of the change.

Of particular concern was the impact on an estimated 1,800 businesses operating within the law that would have been criminalised as a result of the change.

The Department of Health has now gazetted the withdrawal.

The original change drew wide criticism from those involved in the hemp and cannabis industry, calling it “backwards”, particularly in the context of South Africa’s increasingly more progressive stance on the plant.

While many acknowledged the need to regulate the industry, including its presence in foods and the persistent grey areas of law when it comes to commercial trade of the plant, the blanket ban was a step too far.

South Africa’s cannabis policies have been becoming more progressive since private use of cannabis became legal through the Cannabis for Private Purposes Act.

Many in the industry have been anticipating an opening up of the market, waiting for new regulations and clarity on the future for businesses in the sector.

However, the process has been frustratingly slow.

While President Cyril Ramaphosa has signed the Act into law, it has not been activated—and it won’t be until the regulatory framework has been established.

Because of this, the responsible adult-use market, in particular, has remained largely unregulated and undefined, leaving many entrepreneurs and consumers in a grey area.

There is no legal framework for cultivation, trade, or taxation, leaving the market wide open to potential abuse—such as that feared by Motsoaledi regarding imports.

But experts say the answer isn’t prohibition. Instead, the department should establish safety and quality standards for hemp foodstuffs, ensuring consumer protection without unnecessary restrictions.