Lawyers in South Africa are “on alert” after a shock announcement by health officials that appears to place a full ban on the use of “any part of the (hemp) plant or component” in food products, according to language in a statement published in the government’s official gazette.
In sweeping new regulations announced Monday, March 10, Minister of Health Pakishe Aaron Motsoaledi appears to have made illegal the sale, import and manufacturing of CBD and other cannabinoids, and products containing hemp seed, hemp seed oil, and hemp seed powder. The new regulations were issued under South Africa’s Foodstuffs, Cosmetics, and Disinfectants Act of 1972.
Under wording in the revised rules: “No one may sell, manufacture or import, processed or unprocessed, foodstuff containing a) any part of the plant or component from the genus Cannabis which include C.sativa, C.indica and C.ruderalis, or (b) hemp seed oil or powder from any component derived from the genus Cannabis sativa L, and various species or sub-species in the genus Cannabis sativa.”
Why this, now?
“We have no idea what precipitated all of this,” long-time South African cannabis activist Myrtle Clarke told IOL News. “To present a two-page document to the South African public out of the blue like that is certainly ripe for all sorts of shenanigans in court. The lawyers are on alert.”
The regulatory changes directly contradict previous government policy and repeated statements of support for the hemp industry by President Cyril Ramaphosa, who used his 2022 annual State of the Union address to make one the most high-profile pronouncements ever about cannabis by a government official in South Africa. At the time, the president unveiled plans to overhaul the country’s regulatory process to tap the economic development potential of the hemp and marijuana sectors. Ramaphosa suggested in his speech the cannabis industry could “unleash the energy of ordinary farmers” and create 130,000 new jobs.
SA out of step?
“This drastic measure contradicts prior regulatory frameworks and undermines South Africa’s ambitions to lead in the cannabis and hemp industries,” said attorney Shaad Vayej, who is chairman of Cape Town-based Openfarms, a cannabis investor and trading platform. Vayej said the abrupt changes place the country at odds with worldwide trends in which more and more governments are adopting hemp-based food products for their economic and nutritional benefits.
While CBD is generally classified as a Schedule 4 substance in South Africa, meaning it requires a doctor’s prescription, the South African Health Products Regulatory Authority (SAHPRA) has carved out exemptions that allow for limited over-the-counter retail sales of some low-dose products. The Regulatory allowances have enabled a growing market for CBD oils, capsules, and topical products, which are now widely available in pharmacies, wellness stores, and online retailers.
‘Knee-jerk overreach’
Vayej said the new regulation contradicts earlier policies that carefully defined distinctions between psychoactive (marijuana) and non-psychoactive (hemp) cannabis derivatives. He emphasized that the changes effectively criminalize activities that were previously legal.
“Rather than a data-driven public health measure, this decision appears to be a knee-jerk regulatory overreach that disregards economic realities and undermines the cannabis industry’s development,” Vayej told IOL, noting that hundreds of hemp growing permits have been given to farmers by the Department of Agriculture, most for the production of hemp seeds for food, oil, and seed cake.
The regulatory changes directly contradict previous government policy and repeated statements of support for the hemp industry. Read More
