The Department of Health said its primary objective was to protect consumers by ensuring that cannabis-infused foods meet safety and quality standards.
Earlier this month, Minister Dr Aaron Motsoaledi gazetted regulations prohibiting the sale, importation, and manufacture of food products containing cannabis.
The decision faces opposition from industry bodies who argue that hemp products have minimal THC levels and are safe for consumption.
The National Department of Health said its decision to ban foodstuff containing cannabis and hemp products was to ensure consumer safety while it works on a “grand plan” to involve its regulatory body, the South African Health Products Regulatory Authority (SAHPRA).
Health Deputy Director-General Dr Anban Pillay told News24 that the primary objective of the legislation was to make sure that the government was able to make decisions about cannabis that ensured the quality and safety of food.
“Where there are risks in the consumption of food or products, food products that may cause harm to South Africans, the minister needs to then deal with that. So, in the case of cannabis in food, there are a number of areas of risk,” he said, adding that the department had the responsibility to protect consumers from food or products that may cause them harm.
“And the risk is obviously not academic. There were, for example, you would remember the case of the 90 learners who were hospitalised because they consumed cannabis [in muffins]. So one has to appreciate that the risk of consuming foods that contain high THC or CBD are quite significant for children.”
Earlier this month, Health Minister Dr Aaron Motsoaledi quietly gazetted regulations prohibiting the sale, importation, and manufacture of food products containing cannabis.
The regulations, in terms of the Foodstuffs, Cosmetics and Disinfectants Act of 1972, banned any food with ingredients derived from cannabis, hemp seed oil, or hemp seed flour.
Anyone who sells, imports, or manufactures foodstuff containing the prohibited substances is guilty of an offence and liable to a fine or imprisonment on conviction.
Pillay explained that the move was aimed at a “grand plan” to integrate SAHPRA into the regulatory framework, ensuring stringent quality and safety measures.
“When it comes to cannabis in particular, the global standard is that there is pre-authorisation for food containing cannabis. This means that a government regulator would regulate these products and make sure that they meet the standards,” he said.
“A regulator would evaluate the type of cannabis that’s been used in the food, the chemical content… and make a determination as to whether that would be safe for people to consume. […] that’s what happens in most of Europe and other places, once they’ve made a determination, then they authorise that company to produce and sell.”
He emphasised that the gazetted regulations were the first step of the legislation to ensure the quality and the safety of food containing cannabis.
“The intention [as a] whole is to exclude cannabis from being regulated through the food regulations and we want this to be done through the legislation that SAHPRA manages,” Pillay said.
SAHPRA is empowered through the Medicines and Related Substances Act to regulate cannabis cultivation, manufacturing and distribution for medicinal purposes – using its discretion to grant licences to this effect.
The act allows the body to regulate health products ensuring their safety, efficacy, and quality, as well as overseeing clinical trials and radiation control.
SAHPRA does not deal with the private or recreational use of cannabis.
It is not clear how SAHPRA would regulate food items containing cannabis which are regulated through a different act – Foodstuffs, Cosmetics and Disinfectants Act – an act of which SAHPRA is not a custodian.
SAHPRA spokesperson Madimetja Mashishi said the body was currently engaging with the department and “would be in a position to express itself once the engagements were concluded”.
Pillay said the minister had received comments from organisations and individuals who were concerned about this decision.
“Several interested parties have made representation for alternative regulatory approaches which are still under consideration. The minister can always amend regulations as he chooses. So, I think he will look at the comments and see whether he thinks he needs to amend.”
Opposition
The minister’s decision was met with shock from industry bodies and activists.
AKOS BIO, an online medical cannabis pharmacy, said restricting hemp-based food products “without justification severely undermines efforts toward economic growth, job creation, and environmentally friendly industrial innovation”.
“Globally, hemp-derived food products such as hemp seed oil and hemp seed flour are widely recognised 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,” said co-founder Connor Davis.
“By failing to separate these categories, the proposed draft regulation unnecessarily criminalises an established and legitimate industry.”
He said while they acknowledged the risks posed by an unregulated cannabis food market, the government’s response should not be an outright prohibition.
“Instead, South Africa should adopt a risk-based regulatory framework that establishes safety and quality standards for hemp foodstuffs, ensuring consumer protection without unnecessary restrictions. [Government should] differentiate industrial hemp, hemp food products, and cannabis-based edibles to prevent over-regulation of safe and beneficial products and provide clear guidelines for the responsible and legal sale of cannabis products intended for medical or adult-use markets.”
DA Spokesperson for Health Michéle Clarke called on President Cyril Ramaphosa to reverse the regulation.
She said it disregards public consultation and the voices of businesses and health experts.
“Instead of imposing restrictions, the government should support the hemp industry, which has the potential to boost jobs, improve public health, and drive sustainable economic development. The ban on cannabis-based foodstuffs smacks of the same reckless disregard for sound policy, stifling an industry that could significantly contribute to the economic security of the country,” she said.
“The DA is concerned by the process that led to this ban. Minister Motsoaledi has bypassed the required public consultation process, relying on a dubious claim that the regulations were needed without delay. Rather than imposing harmful restrictions, the government should be fostering growth and providing regulatory clarity for the cannabis and hemp industries.”
Cannabis activist from Fields of Green for All, Myrtle Clarke, said the ban was only going to create room for the black market.
“The ban is going to create a vacuum for the ‘cowboys’ to operate in the dark especially because it is not clear how enforcement is going to work. If there was better regulation there would be a body that puts checks and balances in place and hold establishments responsible for what they sell. We have been calling for regulations for years.”
“And it would be interesting to know why they included hemp in [the] ban.”
Private cannabis clubs and medical marijuana dispensaries have exploded since a landmark 2018 Constitutional Court ruling – the Prince judgment – decriminalised the cultivation and use of cannabis by adults in private.
The Cannabis for Private Purposes Act was signed into law in 2024. It did not legalise the trade of cannabis, which is still treated as an offence under the Drugs and Drug Trafficking Act.