March 26 Update (The Ban was withdrawn waiting for updates)
Cannabis Edibles and Hemp: SA’s Ban Sparks Debate and Hope
Last week, we dove into the shockwaves rippling through South Africa’s cannabis community after Health Minister Aaron Motsoaledi gazetted a ban on cannabis edibles and hemp-derived foodstuffs, effective March 7, 2025.
The prohibition, under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972), bars the sale, importation, and manufacture of anything containing “any part of the plant or component derived from the genus Cannabis Sativa L,” including hemp seed oil and flour.
At the time, there was no clear explanation—just a two-page document that blindsided activists, farmers, and businesses. We heard from Myrtle Clarke of Fields of Green for All, who called it a “sideswipe” and hinted at legal “shenanigans” brewing.
The cannabis crowd was fuming, and the silence from the Department of Health only fuelled the fire.
Fast forward to this week: CapeTalk radio brought Dr. Anban Pillay, Deputy Director-General for Regulations at the Department of Health, into the hot seat.
His interview shed some light on the ban’s intent, though it’s left us with as many questions as answers. Here’s the latest scoop, straight from the airwaves, plus what it means for hemp’s future in SA.
The Ban’s Backstory: A Regulatory Loophole?
Dr. Pillay kicked off by nodding to the 2018 Constitutional Court ruling (Prince v Minister of Justice), which decriminalized personal cannabis use for adults.
That landmark decision opened the door for private consumption, later cemented by the Cannabis for Private Purposes Act signed in May 2024.
But edibles? That’s where things get murky. Pillay explained that imported foods containing cannabis—like gummies or hemp snacks—were slipping through as “foodstuffs” under the Foodstuffs Act (Section 1 defines them as “ordinarily eaten or drunk by man”). Unlike medicines regulated by SAHPRA under the Medicines and Related Substances Act, 1965, these imports dodged rigorous testing or labeling rules.
“There’s no regulatory requirement when you import food,” he said, calling it a “loophole” for risky products.
Locally made stuff—like hemp protein shakes—wasn’t spared either. The gazette’s blanket wording (signed Jan 17, gazetted Mar 7) lumped it all together, sparking outrage from folks like Ayanda Bam of Friends of Hemp, who pegged damages at “tens of millions” for retailers like Woolworths. Pillay admitted the current system’s a mess: “We wanted one system for regulating foods containing cannabis, rather than having them classified as food.”
Safety First—or Overreach?
Pillay’s big pitch? Safety. He pointed to “media reports of children falling ill” from cannabis-laced products—think gummies in bright packaging, no childproof caps.
It’s a fair worry: global headlines (e.g., U.S. cases post-2018 legalization) show kids mistaking edibles for candy. SA’s lack of a framework for potency, packaging, or labelling leaves a gap Health wants to plug. “Global best practice is to evaluate and approve these products for sale,” he said, citing the need to match standards in places like Canada or the EU.
But here’s the rub: why hemp too?
Hemp seeds (capped at 0.2% THC in SA) aren’t getting anyone high—they’re a nutritional powerhouse (protein, omega-3s). Trentron from Cheeba, in your webinar, slammed this inconsistency: “Double donuts with industrial chicken” are legal despite SA’s obesity crisis (28% adult rate, WHO 2016), yet hemp’s banned? Pillay didn’t address that head-on, but his focus on “risk” suggests Health sees any cannabis trace as a red flag—unlike fast food’s slow-burn harm.
What’s Next: A Framework in the Works?
The juicy bit came late in the interview. Pillay hinted at “additional regulations” to bring edibles back—legally. “We’d allow those to be sold… with a regulatory system,” he said, pointing to packaging, labeling, and “intensity” controls (likely THC limits). The CapeTalk host pressed: could this mean hemp and edibles return to shelves? “Exactly,” Pillay replied. “The idea is to regulate more effectively than the current mechanisms.” Translation: the ban’s a stopgap until SAHPRA or Health crafts rules to match “global best standards.”
This echoes DTIC’s Thembelihle Ndukwana from your webinar, who said the master plan (revived under Trade, Industry, and Competition) aims to industrialize hemp and cannabis. Yet, as Ayanda noted, it’s been “2019 to 2025” with no policy—will Health’s framework sync up, or is this more stalling?
The Legal Angle
Ricky Stone, your webinar’s attorney, flagged the ban’s shaky legs:
Section 15(7) of the Foodstuffs Act lets the Minister skip consultation “in the public interest,” but the two-month delay (Jan–Mar) undermines that. Plus, Section 1 excludes medicines (THC/CBD are SAHPRA’s turf)—so why ban hemp under foodstuffs? Dr. Pillay didn’t touch this, but his “loophole” fix suggests Health’s flexing old powers (Act from 1972) to cover new ground. Legal eagles like Myrtle’s crew might still pounce.
What Can We Do as Daggabay community?
We’re not here to sell hemp—too risky with fines or jail lurking (Section 18). But we can help the cause:
- Spread the Word: Share Pillay’s interview (CapeTalk, March 2025) and the Act (SAHPRA link). Educate folks: hemp’s not dagga, and Health’s promising rules.
- Amplify Farmers: Highlight the 1,500 hemp farmers Trentron mentioned—post their stories (e.g., “Lost my market overnight”) to nudge DTIC’s Phakisa pace.
- Push for Clarity: Petition Health for a timeline on those “additional regulations.” Ask: “Why hemp, not donuts?” Tie it to SA’s health crisis (51% NCD deaths, 2019).
- Stay Safe: No gray-area moves—just talk, no trade.
Wrap-Up
The ban’s a curveball, but Pillay’s chat offers hope: regulations could unlock hemp’s $5.4B global potential Still, the donut burger’s legality while hemp’s sidelined is a bitter pill. Health’s playing catch-up—let’s keep the pressure on. What do you reckon, Daggabay community?
More noise, or wait it out?
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