Cannabis edibles ban queried

The Foundation for the Rights of Expression and Equality (FreeSA) has given Health Minister Dr Aaron Motsoaledi 14 days to justify the ban on food items containing hemp and Cannabidiol (CBD).

CBD is an essential component of medicinal marijuana and is derived from the hemp plant.

FreeSA is calling for transparency and public consultation on the matter, while at least two local shops selling hemp products confirmed they have not taken part in any public discussion on the matter.

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Motsoaledi recently published regulations concerning the prohibition of the sale, importation, and manufacture of foodstuffs containing any part of the Cannabis Sativa L plant or components derived from it, including hemp, hemp seed oil, or hemp seed flour.

In a letter sent to the minister, which The Witness has seen, the civil rights group expressed serious concerns about the apparent lack of public consultation before the regulations were enacted.

“Section 15(6) of the Foodstuffs, Cosmetics and Disinfectants Act of 1972 requires the minister to publish proposed regulations three months in advance and invite public comment — something FreeSA has been unable to verify,” said FreeSA spokesperson Reuben Coetzer.

“If no opportunity for public comment was provided, this represents a blatant disregard for public participation,” Coetzer added.

He said that the government cannot make sweeping decisions that affect businesses, consumers, and public health without consulting those impacted by these laws.

If the minister believes this ban needed to be rushed without public input, we demand to know on what grounds

According to Coetzer, if the department failed to respond to their letter within the stipulated 14 days, FreeSA will consider legal and public action to ensure compliance with democratic and legal standards.

Joash Naidoo, owner of The Weed Shop in Chief Albert Luthuli Street in Pietermaritzburg, said Motsoaledi’s move could have been due to shops that sell products containing unregulated components.

Naidoo said even though he no longer sells edibles, he still stocks accessories, and the ban will kill small businesses.

“Government must come up with clear and concise laws to regulate the use and selling of these products and address the concerns about regulatory coherence. Lack of consultation on the matter at hand is shocking,” he said.

Fresh Outdoors in Scottsville, which specialises mainly in vapes, hookahs and cigarettes, said they were aware of the ban but were waiting for further pronouncements by the government.

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A woman, who only wanted to be identified as S. Moodley, said their products benefit their clients, who include those with medical conditions.

Moodley said all their products met the regulatory requirements.