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Why South Africa’s Cannabis Industry Faces a Major Setback: Health Department Bans Hemp edibles
After years of progress toward cannabis legalization and decriminalization, South Africa’s cannabis industry has been dealt a significant blow. The Department of Health has imposed a ban on the production and sale of cannabis and hemp-derived food products, a move that activists and industry experts say contradicts previous regulatory frameworks and undermines the country’s potential to lead in the global cannabis and hemp markets.
Attorney Shaad Vayej, chairman of Openfarms, criticized the decision, stating that it places South Africa at odds with international trends. “This drastic measure disregards the economic and nutritional benefits of hemp-based food products and creates uncertainty for the future of the non-medical, industrial hemp industry,” he said.
Vayej highlighted the country’s previous legislative advancements, including:
- 2019 CBD Exemption: The health minister temporarily exempted certain CBD products from the Medicines and Related Substances Act, allowing their sale with a daily dosage limit of 20 mg of CBD and negligible THC.
- 2020 Medicines Act Amendment: CBD was reclassified as a Schedule 4 substance, while low-THC hemp seed oil remained exempt from strict pharmaceutical regulations, enabling its use in consumer food products.
- Cannabis for Private Purposes Act (2024): While prohibiting the sale of cannabis to adults, the Act excluded cannabis seeds and seedlings, allowing for the commercial cultivation and sale of hemp seeds.
“The latest regulation contradicts these prior policies, criminalizing previously lawful activities and ignoring the distinction between psychoactive and non-psychoactive cannabis derivatives,” Vayej added.
The ban is expected to have far-reaching economic and agricultural consequences. Hundreds of farmers who were granted hemp-growing permits by the Department of Agriculture now face uncertainty, as many were producing hemp seeds for food, oil, and seed cake. “This decision appears to be a knee-jerk regulatory overreach that disregards economic realities and stifles the growth of the cannabis industry,” Vayej said.
Decriminalization activist Myrtle Clarke expressed shock at the sudden ban. “We have no idea what prompted this disastrous piece of legislation. It came out of the blue,” she said. Clarke criticized the government for its hypocrisy, recalling meetings where officials praised the economic opportunities cannabis could bring to the country.
“To present a two-page document to the South African public without warning is ripe for legal challenges. The lawyers are on alert,” Clarke added.
The ban has sparked outrage within the cannabis community, with many vowing to challenge the decision in court. As South Africa’s cannabis industry faces this unexpected setback, stakeholders are calling for a more data-driven and inclusive approach to regulation that aligns with global trends and supports economic growth.
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