The Department of Health says its primary objective to ban cannabis-containing foodstuffs, was to protect consumers by ensuring that cannabis-infused foods meet safety and quality standards.
Earlier this month, Minister Dr Aaron Motsoaledi gazetted regulations under the 1972 Foodstuffs, Cosmetics and Disinfectants Act prohibiting the sale, importation, and manufacture of food products containing cannabis. The notice also applies to hemp seed oil and hemp seed flour with ingredients derived from Cannabis sativa L.
Hemp is a cultivar of cannabis that contains very low levels of the psychoactive compound tetrahydrocannabinol (THC), and is used in textiles, biofuels, food products and construction materials.
The notice states:
“No one may sell, manufacture, import processed or unprocessed foodstuff containing – any part of the plant or component from the genus Cannabis which include C. sativa, C. indica, and C. ruderalis, or hemp seed oil or powder from any component derived from the genus Cannabis sativa L and various species or sub-species in the genus Cannabis sativa L.”
The notice said anyone found to be selling, importing or manufacturing foodstuff containing the prohibited substances would be guilty of an offence and liable on conviction to a fine or imprisonment.
Department spokesperson Foster Mohale said:
“The Department of Health is committed to ensuring the safety of South African consumers, especially in light of concerns over cannabis in food products. Currently, South Africa’s food control legislation under the Foodstuffs, Cosmetics and Disinfectants Act does not provide for the pre-market approval of food containing cannabis. This is why we are introducing a process through the South African Health Products Regulatory Authority to assess such products before they can be sold.”
Mohale said the notice would require manufacturers to disclose the amount of cannabis in food products, allowing consumers to make informed choices. “The aim is to regulate the use of cannabis in foodstuffs and ensure that these products are safe for consumption.”
Meanwhile the Democratic Alliance (DA) has called on President Cyril Ramaphosa to scrap Motsoaledi’s surprise ban on cannabis-containing foodstuffs, saying it will stifle the hemp industry. Ramaphosa, who has actively promoted the hemp industry, said in his state of the nation address in February that he wanted SA to be a leader in the commercial production of hemp and cannabis.
DA health spokesperson Michéle Clark said the global hempseed market, valued at more than $5bn in 2023, was expected to double by 2032, with the food and beverage sector driving much of the growth.
“Many countries, including the US, Canada and China, had integrated hemp into their food industries and SA should do the same,” she said; Motsoaledi’s “ill-considered” move threatened over 1,400 licensed businesses and 400 small, medium and micro enterprises, and the DA was concerned by the process that led to the ban, as the health minister had bypassed public consultation.
“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.”
AKOS BIO, which promotes medical cannabis, said the regulations failed to distinguish between industrial hemp, cannabis for medical use, and unregulated cannabis foodstuffs, and consequently criminalised safe and legitimate sectors of the industry. AKOS BIO CEO Connor Davis said the sector needed a rational regulatory framework with input from Sahpra, the health department and the department of trade industry and competition. There had been a “massive boom” in the sale of unregulated drinks and “edibles” since the 2018 Constitutional Court ruling, he said.