In a controversial move, the Department of Health has imposed a ban on the production, sale, and importation of food products containing cannabis and hemp-derived ingredients in South Africa.
The decision, quietly enacted under the Foodstuffs, Cosmetics, and Disinfectants Act of 1972, has stunned businesses and consumers alike, especially given the government’s previous push toward cannabis legalisation.
The unexpected prohibition has sparked a wave of criticism from legal experts and cannabis industry players, who argue that the new regulations contradict South Africa’s Constitutional Court ruling that decriminalised cannabis use.
Senior legal researcher Dan Mafora has questioned the legality of the move, stating:
“A minister is criminalising conduct that was previously not criminalised using powers derived from an arguably unconstitutional statute.”
He further argued that ministers do not have the authority to create new offences through regulations, highlighting that the Constitution remains the supreme law of the country.
The ban comes just weeks after President Cyril Ramaphosa expressed his commitment to developing South Africa’s cannabis and hemp industry. During his State of the Nation Address (SONA) in February, Ramaphosa stated that the government was working toward positioning South Africa as a leader in the commercial production of hemp and cannabis.
“We want South Africa to be leading in the commercial production of hemp and cannabis,” said Ramaphosa.
Now, with the sudden prohibition, businesses and industry leaders are demanding clarity from Health Minister Aaron Motsoaledi on how this aligns with the government’s stated economic vision.
The ban threatens to cripple South Africa’s emerging cannabis economy, which has seen significant investment in recent years. Entrepreneurs who have built businesses around cannabis edibles, hemp-infused oils, and related products are now left scrambling for answers.
Many industry stakeholders are expected to challenge the ban in court, arguing that it contradicts previous government policies and hinders economic growth in the sector.
With legal and business pressure mounting, the government may soon face a backlash that forces a policy reversal or legal battle over the future of cannabis regulation in South Africa.
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