17 Mar 2025 Cannabis “crisis” or clarity?
Why the new regulation has not changed the legal position of cannabis in foodstuffs – here’s the legal opinion of Hahn Law, specialists in food law….
Cannabis-Hemp-in-Food-Article-2025-FINAL
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Confusion surrounds government’s sudden ‘ban’ on cannabis edibles
The Department of Health’s sudden gazetting of a prohibition on edible cannabis products has caused an outcry — but a lawyer says the vast majority of these products have been illegal all along.
Middle-aged moms use them as a sleep aid. Gen Zs sometimes prefer them to alcohol. People with chronic pain say they are life-changing. Hundreds of shops have sprung up around South Africa dedicated to selling them freely — but now, the government is cracking down.
South Africa’s embrace of weed gummies and other edible cannabis products over the last few years has been enthusiastic. But the fun stopped on Friday, 7 March when a notification published in the Government Gazette and signed by Health Minister Aaron Motsoaledi announced a “prohibition on the sale, importation and manufacture of foodstuffs containing any part of the plant or component derived from the genus Cannabis Sativa L, hemp, hemp seed oil or hemp seed flour”.
South Africa’s embrace of weed gummies and other edible cannabis products over the last few years has been enthusiastic. But the fun stopped on Friday, 7 March when a notification published in the Government Gazette and signed by Health Minister Aaron Motsoaledi announced a “prohibition on the sale, importation and manufacture of foodstuffs containing any part of the plant or component derived from the genus Cannabis Sativa L, hemp, hemp seed oil or hemp seed flour”.
There was no further word from the Department of Health providing any context as to how or why the decision was made.
Department of Health spokesperson Foster Mohale said the “prohibitions relates to foods containing cannabis only not cosmetics or other industrials uses of cannabis.”
He said there were a number of concerns with the use of cannabis in foods from a safety perspective.
“Global best practice is to assess such products and authorise them for sale. So in the interest of public health safety of South Africans we want these products to be assessed by SAHPRA before being authorised for sale. Where these products exceed limits or make health claims then these products will be reviewed by SAHPRA.
“The Medicines Act allows for the sale of cannabis (in edibles) where the product makes a health claim or exceeds limits for active ingredients provided that the applicant is approved by SAHPRA.”
There appeared to be no explanation, however, for two of the most perplexing elements: the apparent lack of any kind of meaningful consultation and the inclusion of hemp — which, as activists have pointed out, flies in the face of President Cyril Ramaphosa’s State of the Nation Adress pledge in February to position South Africa as “leading in the commercial production of hemp”.
Were they ever legal?
The legal position of cannabis and related products in South Africa has been murky and loophole-filled since the groundbreaking 2018 Constitutional Court “Prince” judgment decriminalised the use of marijuana by adults — but kept its sale illegal.
The 2024 Cannabis for Private Purposes Act regulated some aspects of possession and provided for the expungement of criminal records related to marijuana, but made no mention of edible products or hemp….
Outcry on South Africa’s new cannabis ban
Cannabis experts have called the South African government’s blanket ban on cannabis and hemp products in foodstuffs heavy-handed, misdirected and misinformed.
The National Department of Health gazetted a notice on Friday (7 March) banning the import, manufacture and sale of any foods containing cannabis and cannabis products.
The ban applies 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.
The department said any person who sells, imports, or manufactures foods containing these prohibited substances will be guilty of an offence and may be liable to a fine or imprisonment upon conviction.
According to Connor Davis, the co-founder and COO of medical cannabis pharmacy group AKOS Bio, while the need for safety regulation in the industry is understandable, the government’s ban has gone a step too far.
Specifically, by failing to make any distinction between hemp and cannabis, the Department of Health has unilaterally criminalised previously lawful foodstuffs—and by focusing on prohibition instead of regulation, it is working against global trends and South Africa’s cannabis ambitions.
“The new draft regulation proposed by the Department of Health raises major concerns, as it fails to recognize the significant distinctions between industrial hemp, cannabis for medical use, and unregulated cannabis foodstuffs,” Davis said.
“The (notice) overreaches by effectively criminalizing safe and legitimate sectors of the industry instead of providing a rational, risk-based framework.”
Davis said 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.
“These products contain negligible THC levels and are entirely distinct from unregulated cannabis edibles that do not adhere to safety or labelling standards,” Davis said.
“By failing to separate these categories, the regulation unnecessarily criminalizes an established and legitimate industry.”
Davis added that industrial hemp plays a crucial role in sustainable development, with applications spanning textiles, biofuels, construction materials, and bioplastics.
He said that restricting hemp-based food products without justification severely undermines efforts toward economic growth, job creation, and environmentally friendly industrial innovation…..