16 Mar 2025
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.
Taking South Africa backwards
Aside from stepping on the toes of established industries and arguably harmless products, Davis said that the regulation runs counter to the path South Africa has been on since the 2018 Constitutional Court ruling that decriminalized the private use of cannabis in South Africa.
While strides have been made to improve access to medical cannabis and improve the industrial hemp sector, things remain highly restrictive and bureaucratic.
For private use of cannabis, the government has been dragging its feet in laying out clear regulations in terms of the Cannabis for Private Purposes Act.
While president Cyril Ramaphosa has signed the Act into law, it has not been activated and won’t be until the regulatory framework has been established.
Because of this, the responsible adult-use market has remained largely unregulated and undefined, leaving many entrepreneurs and consumers in a grey area.
Davis said there is no clear legal framework to guide cultivation, trade, or taxation.
Legal experts have noted that the laws themselves also leave many questions unanswered and vaguely defined.
While acknowledging the risks posed by an unregulated cannabis food market, Davis said the government’s response should not be a ban but rather an informed regulatory framework.
He said the department should establish safety and quality standards for hemp foodstuffs, ensuring consumer protection without unnecessary restrictions.
The government should also make clear distinctions between industrial hemp, hemp food products, and cannabis-based edibles to prevent overregulation of safe and beneficial products.
Importantly, he said that the state should provide clear guidelines for the responsible and legal sale of cannabis products intended for medical or adult-use markets.
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