International
South Africa: Industry challenges Health Minister’s ban on cannabis-infused foods
The South African Department of Health published a regulation in early March that bans the sale, import and manufacture of foods containing any part of the cannabis plant. The measure took the entire South African industry by surprise and has already drawn a response from groups such as Friends of Hemp South Africa, who denounce the lack of consultation and the use of outdated legislation to justify the decision. Several companies are also looking for alternative ways and means to reverse the decision.
The South African Gazette took the cannabis industry by surprise on March 7th when it published regulations specifically prohibiting any food product from incorporating parts of the hemp plant, including derivatives such as hemp oil and seed flour. Speaking to CannaReporter®, Ayanda Bam from Friends of Hemp South Africa explained that this was “a decision that took the industry by surprise”. However, she says that “a process to reverse the decision is already underway”.
Trenton Birch, CEO and co-founder of Cheeba Cannabis & Hemp Academy, also told CannaReporter® that “it is deeply concerning and a national shame that the Minister has enacted such a harsh and regressive law without proper consultation with industry stakeholders or adherence to due process.” Birch also lamented that the decision lacks any scientific basis and goes against international trends. “South Africa is on the cusp of a transformative boom in the hemp industry that could significantly boost job creation and revitalize our struggling economy. As a cannabis and hemp community, we will remain united and relentless in our efforts until this decision is overturned,” he said.
Trenton Birch sent CannaReporter® this morning documents showing the government's unilateral decision and the letter sent by Cheeba to President Cyril Ramaphosa justifying the urgent need to reverse this decision.
A blind law for South Africa?
A document, signed by the Minister of Health, Pakishe Aaron Motsoaledi, on January 16, approved the new prohibitive regulation, based on the Food, Cosmetics and Disinfectants Act of 1972, and was announced without any dialogue with the scientific community or representatives of the sector.
The non-governmental organization Friends of Hemp South Africa (FoHSA) argues that the decision ignores the ancient tradition of hemp, considered a “superfood” due to its nutritional value, and has asked the minister to reverse the decision. Ayanda Bam explains that the measure makes no sense, mainly because “in South African culture, hemp-based food has existed for many years and for us it is completely different from cannabis, from dagha”. The NGO spokesperson also added that in a global scenario in which the hemp market is valued at more than five billion dollars and is projected to double by 2032, the ban directly affects the more than 1.400 producers and hundreds of small and medium-sized companies operating in the country, in addition to compromising large investments and the creation of thousands of jobs.
According to the Western Cape Minister of Agriculture, Economic Development and Tourism, Ivan Meyer, the ban will stifle the contribution that the cannabis and hemp value chain has been making. He stressed that the criminalisation of these products not only poses a threat to jobs, but also represents a direct attack on economic growth and the creation of new opportunities, exacerbating the challenges of a sector that already shows potential for transformation in the region. The Agriculture Minister also emphasised that the industry in South Africa has an estimated potential of R28 billion, with the capacity to generate between 10 and 25 jobs across its entire value chain, and highlighted the urgent need to reverse the decision and start supporting the hemp sector.
An unclear decision without dialogue
In parallel with the FoHSA, criticism of the National Department of Health mainly concerns the implementation of the regulation without due dialogue and regulatory clarity, when it could alternatively promote initiatives such as the Western Cape Cannabis Framework and Implementation Plan, known as CanPlan, which offers a strategic roadmap to address the challenges and seize the opportunities of cannabis and hemp production and processing, focusing on the importance of initiatives that boost the economy and promote social inclusion through well-founded public policies. The FoHSA statement also claims that the lack of dialogue and silence on the part of the government contrasts with the cooperation that once existed and which allowed, for example, the implementation of the 2% THC limit. According to Ayanda Bam, the process “did not follow the constitutional path” and that “the lack of public consultation is not admissible in this procedure”.
The non-profit organization Friends of Hemp argues that the decision ignores the ancient tradition of hemp and did not listen to the industry.
Hennie Venter, CEO of Cannabisness and managing director of HempCare, said he is preparing for a legal battle to force the government to reverse its decision. He and other industry leaders have sent a letter to Minister Motsoaledi requesting that the laws be annulled and said they will continue the litigation. The entrepreneur, who contacted CannaReporter®, is urging industry leaders to join the legal action, which Venter says will challenge the validity of the regulations and seek compensation for the financial losses caused by the measure. At a time when those who have invested and researched in the industry are helplessly watching their investments being wiped out by the new regulations.
Reversal of the decision or mobilization to contest
FoHSA also regrets the lack of consultation in the process, particularly as Friends of Hemp South Africa (FOHSA) acts as the business representative on the National Cannabis Masterplan – a body set up to manage all cannabis-related policy, formed by social partners. Through this mechanism, important milestones have been achieved, such as the passage of the Cannabis for Private Purposes Act in 2024 and raising THC limits to 2%. However, neither the Masterplan’s internal secretariat, which brings together members of the National Department of Health, nor the Inter-ministerial Committee on Cannabis were involved, which raises doubts about the transparency and justification of the decision.
Given this scenario, the sector is demanding the immediate lifting of the ban, calling on the Minister of Health, the chair of the Inter-Ministerial Committee and President Cyril Ramaphosa himself – who has promised the complete liberalisation of this sector since 2019 – to unilaterally reverse the decision. Businesspeople and representatives of the sector say that such a measure undermines confidence in government action and exposes the government to potential claims for compensation for the financial losses caused, which is why the industry is mobilised and ready to challenge the ban in court if necessary. They also call on all those affected and citizens to unite against a decision considered unfair and incompatible with national policy and the democratic principles of South Africa.
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South Africa: the legalization of an already thriving industry
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[Disclaimer: Please note that this text was originally written in Portuguese and is translated into English and other languages using an automatic translator. Some words may differ from the original and typos or errors may occur in other languages.]____________________________________________________________________________________________________
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I am one of the directors of CannaReporter, which I founded together with Laura Ramos. I am from the unique Island of Madeira, where I currently reside. While I was in Lisbon at FCUL studying Physical Engineering, I became involved in the national hemp and cannabis scene and participated in several associations, some of which I am still a member of. I follow the global industry and especially legislative advances regarding the different uses of cannabis.
I can be contacted by email at joao.costa@cannareporter.eu
With a degree in Journalism from the University of Coimbra, Laura Ramos has a postgraduate degree in Photography and has been a Journalist since 1998. Winner of the Business of Cannabis Awards in the category "Journalist of the Year 2024", Laura was a correspondent for Jornal de Notícias in Rome, Italy, and Press Officer in the Office of the Minister of Education of the 2018st Portuguese Government. She has an international certification in Permaculture (PDC) and created the street-art photography archive “What does Lisbon say?” @saywhatlisbon. Co-founder and Editor of CannaReporter® and coordinator of PTMC - Portugal Medical Cannabis, Laura made the documentary “Pacientes” in XNUMX and was part of the steering group of the first Postgraduate Course in GxP's for Medicinal Cannabis in Portugal, in partnership with the Military Laboratory and the Faculty of Pharmacy of the University of Lisbon.
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