South Africa’s Department of Health Enacts Ban on Cannabis and Hemp Food Products

LOS ANGELES- The South African Department of Health has implemented new regulations prohibiting the production, sale, and importation of foodstuffs containing components derived from the Cannabis sativa L. plant, including hemp, hemp seed oil, and hemp seed flour. This decision, published in a government gazette on March 7, 2025, falls under the Foodstuffs, Cosmetics, and Disinfectants Act of 1972.

Scope of the Ban

The regulations explicitly ban all edible products derived from Cannabis sativa L., encompassing:

• Hemp seed oil​

• Hemp seed flour​

• THC-infused edibles​

Despite initial confusion regarding the announcement, it has been confirmed that the amendment was officially updated on March 7, 2025, making it a current and intentional government decision. ​

Rationale Behind the Ban

While the Department of Health has not provided a detailed public explanation for the sudden prohibition, several factors may have influenced the decision:​

• Public Safety Concerns: The government may aim to curb unregulated cannabis edible production, where illegal manufacturers could use unsafe methods, leading to contaminated or overly potent products reaching minors and uninformed consumers.​

• Regulatory Gaps: Currently, no national framework exists to regulate the safe production, testing, and marketing of cannabis edibles.

• Economic and Political Factors: Some speculate that lobbying from pharmaceutical and alcohol industries, which might lose market share if cannabis-infused products become widely available, could have played a role. Additionally, internal government disputes may have contributed, as the ban contradicts recent legislative efforts toward cannabis legalization. ​

Industry and Public Response

The ban has elicited immediate and strong reactions, particularly from small business owners whose livelihoods are now at risk. This move appears to contradict previous government commitments to commercializing the cannabis sector. In his February State of the Nation Address, President Cyril Ramaphosa stated, “We want South Africa to be leading in the commercial production of hemp and cannabis.”

Industry stakeholders express concern that the ban could derail South Africa’s burgeoning cannabis industry, which has been viewed as a potential economic growth area. The sudden policy shift has sparked intense controversy, reigniting debates around cannabis safety, economic empowerment, and the government’s commitment to cannabis legalization. ​

Legal Considerations

Legal experts have raised questions about the authority under which the ban was enacted. Senior legal researcher Dan Mafora noted that using powers derived from an arguably unconstitutional statute to criminalize previously legal conduct is problematic.

Global Context

This development in South Africa mirrors regulatory actions in other regions. For instance, California’s Department of Public Health implemented emergency regulations in September 2024, banning THC-containing hemp products to protect children and teens from potential adverse effects. ​

As the situation evolves, stakeholders in South Africa’s cannabis industry are closely monitoring potential legal challenges and seeking clarity on the future of cannabis and hemp-derived products in the country.