The Presidency announced that the Minister of Health will repeal the regulations under the Foodstuffs, Cosmetics, and Disinfectants Act (Foodstuffs Act) that prohibit the sale, importation, and manufacture of hemp and cannabis-containing products.
Image: Frank Hoermann/Sven Simon/dpa Picture-Alliance via AFP
The withdrawal of the recent prohibition on cannabis and hemp foodstuffs is a pivotal moment for the industry, attorney and chairperson of Openfarms, Shaad Vayej, said.
"This move signals the government's commitment to broad stakeholder consultation - a much-needed shift towards transparent and evidence-based regulation," Vayej said.
"The withdrawal of the prohibition means that CBD and THC-infused foodstuffs are no longer outright banned under the Foodstuffs, Cosmetics and Disinfectants Act (Foodstuffs Act)."
He added that, nevertheless, this does not imply a free for all in the market.
"The regulation of these products still falls under existing SAHPRA guidelines and the Medicines and Related Substances Act (Medicines Act), which continue to classify certain cannabis-derived products as scheduled substances."
On Tuesday, the Presidency announced that the Minister of Health will repeal the regulations under the Foodstuffs, Cosmetics, and Disinfectants Act (Foodstuffs Act) that prohibit the sale, importation, and manufacture of hemp and cannabis-containing products.
President Cyril Ramaphosa affirmed his support for more stakeholder consultation and public participation on the formulation of new regulations that will limit health risk and the negative impact of foodstuffs containing cannabis and hemp, particularly on minors.
Vayej said that while the repeal of the ban was a success for the industry, the Department of Health's concerns about product safety and labelling remained genuine.
He cited the government's possible concerns, including unregulated imports and weak product labelling, which might lead to unintended access to psychoactive chemicals, particularly among minors.
Pro cannabis activist from the Dagga Couple, Myrtle Clarke said: "With a huge sigh of relief, sanity prevails. Minister Aaron Motsoaledi to withdraw the ban on cannabis and hemp food products, pending further public and sector input. Let's hope the Department of Health is feeling very embarrassed."
Tony Budden, co-founder of Hemporium SA, told Let's Talk Hemp that the local hemp industry expected this outcome.
"The lack of clear regulations and communication from the government can have serious repercussions on investor confidence in this fledgling industry," he said.
"It is now evident that more consultation is required between industry stakeholders and government agencies to create policies and regulations that support industry growth. These regulations must be based on science and best practices, as the industry itself recognises the importance of good regulatory frameworks."
The Western Cape Government also welcomed the decision.
Agriculture, Economic Development and Tourism MEC Ivan Meyer said this will allow for all voices, including those of business and health experts, to be heard.
“This will lead to the development of policies and rules that support the potential of the cannabis and hemp industry to generate jobs, improve public health, and boost economic growth.”
The Western Cape Department of Agriculture’s Western Cape Cannabis Framework and Implementation Plan (also known as the CanPlan), launched in March 2023, provides detailed insights into the current and future scenario (production, processing, exports) of cannabis and hemp in the agricultural sector.
“One of the Government of National Unity (GNU) objectives is inclusive growth. So we must protect jobs and support the value chain,” Meyer said.
“Let us use the consultation period to fully appreciate the value chain of this sector, including research, biotech and testing capability, IT and logistics, brand-building, agriculture and agri-processing, and infrastructure.”
Cape Times