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Whilst previously raving about the economic benefits of the cannabis and hemp-based food industries, the Department of Health has now quietly banned the production and selling of cannabis and hemp-derived foodstuffs in South Africa.

Businesses that have sprung up around edibles, as well as consumers, are now seeking answers from Health Minister Aaron Motsoaledi and the government, who seem to be intent on creating as much misery and confusion as possible with conflicting messaging and laws.

The minister imposed this under the regulations that fall under the Foodstuffs, Cosmetics, and Disinfectants Act (1972):

“Regulations relating to the prohibition of the sale, importation and manufacture of foodstuffs containing any part of the plant or component derived from the genus Cannabis Sativa L, hemp, hemp seed oil or hemp seed flour.”

[Image: Government Gazzette]According to senior legal researcher Dan Mafora, “A minister is criminalising conduct that was previously not criminalised using powers derived from an arguably unconstitutional statute.”

In the State of the Nation Address (SONA) in February, President Cyril Ramaphosa said the government aims for South Africa to spearhead the commercial production of hemp and cannabis.

“We are making sustainable use of the rich abundance of the South African earth. By supporting our farmers, improving our logistics network and rural supply chains, and opening new export markets for products we can significantly expand our agricultural sector. We want South Africa to be leading in the commercial production of hemp and cannabis.”

Perhaps things were going too well in the budding cannabis market, and as we all know, if it works, the government simply must break it.

Hundreds of permits have already been issued to hemp farmers for the cultivation of hemp seeds for food, oil, and seed cake, and South Africa was said to be poised as a major player in the international cannabis industry. But as the chairman of Openfarms, Shaad Vayej, told IOL: This decision appears to be a knee-jerk regulatory overreach that disregards economic realities and undermines the cannabis industry’s development.”

“We have been side-swiped by this 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.”

 South Africa was poised as a major player in the international cannabis industry. Now this.  Read More  

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