Say it isn’t so! Earlier this month, Health Minister Aaron Motsoaledi quietly gazetted regulations banning the sale, importation, and manufacture of cannabis-infused food products. Yep, you read that right. If you were counting on edibles for your weekend wind-down, think again—those days are over, at least legally speaking.
The regulations under the Foodstuffs, Cosmetics, and Disinfectants Act of 1972 were gazetted on 7 March 2024. They banned any food containing ingredients derived from cannabis, hemp seed oil, or hemp seed flour.
Why? Well, according to The Department of Health, the ban was necessary to ensure consumer safety while it works on a “grand plan” to better involve its regulatory body, the South African Health Products Regulatory Authority (SAHPRA). While there isn’t a clear reason why Motsoaledi took this decision, attorney Richard Anthony Chemaly argues that the cannabis industry has itself to blame for not promoting the responsible use of food-based cannabis products. “Ever had a one of those brownies? For the uninitiated, they can knock you out for the rest of the day. And yet, there they are, more freely available and unenforced than liquor, prescription medicine and probably even petrol,” he said.
And he’s got a point. For example, in 2023, 90 children were taken to hospital in Pretoria after allegedly consuming “drug-laced” muffins. Three men were arrested and charged with attempted murder in connection with the incident.
This is also the example the department has used to provide evidence for this ban.
“The intention [as a] whole is to exclude cannabis from being regulated through the food regulations, and we want this to be done through the legislation that SAHPRA manages,” Health Deputy Director-General Dr Anban Pillay told News24.
The decision has sparked backlash, not just from cannabis fans but also from industry leaders who say the move stifles innovation and economic growth.
Mzansi’s history with cannabis and hemp is very complicated and, like everything in this country, rooted in colonialism and racism. We know that within the Khoikhoi, San and Bantu peoples, cannabis use was normal pre-colonisation. But to get to the gist of the matter, we have to travel back to the 1920s when cannabis was officially classified as a “habit-forming drug” through a Customs and Excise Act.
But, in 2018, after years of fighting from pro-cannabis activists, the Constitutional Court passed a ruling that made it legal for adults to smoke and cultivate marijuana in their homes.
Various parties pursued the case, including a Cape Town lawyer, Gareth Prince, who is a practising Rastafarian. The country’s ministers of Justice and Constitutional Development, Police and Health, the National Director of Public Prosecutions, and the NGO Doctors for Life International opposed it.
With the health minister banning edibles, the industry is unsure of what comes next. Myron Krost, CEO of Canna Trade Africa said that he was worried the ban would spook investors. “Instead of the health department getting out there and saying let’s regulate it, educate and discuss, he is saying let’s ban which is contrary to the movement,” he said.
Political parties have also reacted to the move, with the Democratic Alliance calling for President Cyril Ramaphosa, who is a big proponent of legalising the cannabis industry and signed the Cannabis for Private Purposes Bill into law last year, to reverse the ban. “The ban threatens over 1 400 licensed businesses and 400 SMMEs, impacting job creation and growth,” the party said in a statement.
The GOOD party also weighed in, accusing Motsoaledi of “smoking his socks” over the ban.😂 “Incoherent decriminalisation does not work. Users of edible cannabis products have the right to know that what they consume is safe, which requires regulations, not a ban,” read the party’s statement.
So, if you were planning on enjoying a cannabis cookie this weekend? Tough luck. Guess it’s back to good old-fashioned brownies… but make them sad. 🍪😞
Tshego is a writer and law student from Pretoria. A keen follower of social media trends, his interests include high fantasy media, politics, science, talk radio, reading and listening to music.
He is also probably one of the only people left who still play Pokemon Go.
