On Thursday (23 May), the Department of Health published an update on regulations surrounding cannabis in South Africa, effectively deregulating certain components of the plant.<\/p>\n
The cannabis plant comprises two main compounds – Tetrahydrocannabinol (THC) and Cannabidiol (CBD).<\/p>\n
THC is considered to be the psychoactive component of cannabis, whereas CBD is not associated with psychoactive outcomes.<\/p>\n
According to Helen Michael – a director in the Healthcare & Life Sciences practice at Werksmans – before the publication of the gazette THC and CBD (which are not intended for therapeutic purposes) were all listed as Schedule 7<\/strong> substances in term of the Medicines Act.<\/p>\n Schedule 7 substances – which also include substances such as heroin – are considered highly regulated drugs, which may only be supplied or used pursuant to a permit issued by the director-general of Health and under specific circumscribed circumstances.<\/p>\n “The effect of the government notice is to remove CBD (that is not intended for therapeutic purposes) from Schedule 7 and to include it under Schedule 4<\/strong> of the Medicines Act,” said Michael.<\/p>\n “Schedule 4 substances are, in turn, those substances that may be sold by pharmacists when presented with a written prescription.”<\/p>\n Completely excluded<\/strong><\/p>\n Michael said that the government notice goes further in that entirely excludes certain preparations containing CBD from the schedules to the Medicines Act.<\/p>\n These include:<\/p>\n “Notably, the exception contained in the exclusion notice is only valid for a period of 12 months from the date of signature of the notice (15 May 2019),” said Michael.<\/p>\n “The exception will, therefore, expire on 15 May 2020 unless the notice is renewed by the Minister of Health.”<\/p>\n What does this mean for South Africa’s broader cannabis industry?\u00a0<\/strong><\/p>\n The notices considerably alter the regulatory framework applicable to the sale and purchase of CBD (or cannabis) related products in South Africa, said Michael.<\/p>\n “The changes have the potential to give rise to a significant expansion in the sphere of commercialisation of CBD related products – which commercialisation has, to date, been severely curtailed by the strict requirements applicable to schedule 7 substances.<\/p>\n “Whilst cannabis itself, as well as THC related products, continue to be strictly regulated, the notices arguably represent a shift in the perception on the role of cannabis-based substances in South Africa, particularly with reference to the medical relevance of such substances,” she said.<\/p>\n You can find the full gazette below:<\/p>\n\n
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