31 Mar 2025 Govt sees sense on ridiculous new cannabis-hemp regulations

The South African government has reversed its decision to ban cannabis and hemp food products following public backlash and pressure from various civil society groups. This change has brought relief to sellers who can now resume their businesses.….

The government’s withdrawal of the ban on the sale, importation, and production of hemp and cannabis-based food products comes after significant pressure from stakeholders in the cannabis industry, including farmers, vendors, and civil society organizations such as Free SA.

These groups had threatened legal action, arguing that the regulations, which were announced without proper public consultation, were unlawful.

Earlier this month, the government published new rules in the Government Gazette (No. 52227) that prohibited these products. However, the process of drafting these regulations ignored the requirement for public comment outlined in the Foodstuffs, Cosmetics and Disinfectants Act of 1972, which mandates a three-month period for public feedback unless there is an urgent need to bypass it.

In response to widespread criticism, the government has rescinded the regulations and promised to open the process for more public input.

This move aligns with a statement made by President Cyril Ramaphosa in his 2025 State of the Nation Address, where he vowed to make South Africa a leader in the commercial hemp and cannabis industries.

This decision follows the landmark Cannabis for Private Purposes Act passed in May 2024, which legalised the private use, possession, and cultivation of cannabis. However, strict regulations continue to govern the commercial cultivation and trade of cannabis.

In South Africa, cannabis and hemp are classified differently based on their tetrahydrocannabinol (THC) content. Cannabis refers to the flowering tops and products made from it that contain more than 0.2% THC, the psychoactive compound, while hemp includes the plant’s seeds, stalks, leaves, and roots, with less than 0.2% THC.

Though private use of both cannabis and hemp is legal, recent regulations from the Department of Health prohibited the production, sale, and importation of food products containing these substances.

This ban was introduced in response to safety concerns, particularly after an incident in which children consumed cannabis-infused muffins. However, this move has caused significant disruption to the hemp industry, according to law firm Cliffe Dekker Hofmeyr.

Outcry and relief

The initial ban sparked widespread concern within the industry, with many stakeholders warning that it could harm economic growth and job creation. Western Cape Minister of Agriculture, Ivan Meyer, emphasised the importance of supporting the cannabis sector, estimating its potential value at R28-billion and its capacity to generate between 10,000 and 25,000 jobs.

The Democratic Alliance (DA) expressed concern that the ban could jeopardise the livelihoods of 1,400 licensed hemp farmers and 400 small businesses within the industry.

After the backlash, President Ramaphosa reportedly met with Minister of Health Aaron Motsoaledi and stressed the need for more engagement with stakeholders. The Presidency confirmed that the minister would retract the regulations and consult more thoroughly before reintroducing any new policies.

The decision has been met with relief from industry players, including Lebo Skhosana, founder and chief development officer of Toca Essentials, an agri-processing company that produces wellness products from cannabis and other indigenous herbs. Skhosana expressed optimism, saying, “We can finally breathe a sigh of relief… they’re not just chucking us out.” She also resumed selling her cannabis-infused products following the government’s decision.

Similarly, Free SA welcomed the move, with spokesperson Reuben Coetzer calling for future regulations to be developed through a transparent and evidence-based process.

Source: DailyMaverick.co.za, News24.com

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