Most significantly, any product containing “quantifiable amounts” of THC, or any other cannabinoid with effects similar to THC, would be illegal under the spending bill’s definition. The change contained in the November 2025 bill to reopen the government could shut the industry down, although the exact outcome remains to be seen. Cannabis sativa was considered industrial hemp if, and only if, it had a "delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis." The following year Congress established an experimental program that allowed state agricultural departments and universities to grow industrial hemp — not marijuana — in the 2014 Farm Bill. This decision was made pursuant to The Foodstuffs, Cosmetics and Disinfectants Act, 1972 which does not provide for the pre-market approval of food containing cannabis. This incident has sparked critical discussion about regulatory transparency, public participation, and the broader implications for South Africa's emerging cannabis industry. We want South Africa to be leading in the commercial production of hemp and cannabis,” Ramaphosa said. 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. “It would be a mess for our breweries, for our industry, and obviously for a lot of people who like these things.” MINNEAPOLIS (AP) — The production lines at Indeed Brewing moved quickly, the cans filling not with beer, but with THC-infused seltzer. Cans of seltzer containing THC, the active ingredient in marijuana, speed down the canning line at Indeed Brewing in Minneapolis on Thursday, Nov. 20, 2025. On the 7th of March 2025, the Department issued a notice prohibiting the sale, manufacture, and import of foodstuffs containing any part of the cannabis plant or its derivatives, including hemp seed oil. The South African minister of health just banned hemp in food. California’s cannabis regulatory framework requires that businesses operate safely, that products are labeled and tested to protect consumers from contaminants, and that children are prevented from accessing cannabis products. ABC will continue to visit licensed locations throughout the state to enforce the new regulations and ensure illegal products are not being sold. “We are doing our part to ensure intoxicating hemp products are out of the reach of vulnerable groups like children. Beyond these exorbitant costs, however, there is a clear benefit to legalizingcannabis-based products while regulating the drug-development process for marketapproval, as it leads inevitably to more standardized products with more consistentavailability to consumers. A clear, multipath federal regulatory framework may be neededto effectively protect the public’s health by ensuring patient safety, productquality, and market access. Hence, patients who usemedical cannabis often have limited legal protections from federal laws, which canresult in the loss of child custody, eviction from homes, and the loss of a job orhealth care insurance, among other issues. Multiplepathways for market approval would protect public health, whether the public is usingcannabis and cannabinoids as a medicine, a wellness product, or as a recreationalsubstance. Sacramento, California – Today, Governor Gavin Newsom announced that businesses statewide continue to follow the state’s rules that prohibit the sale of hemp products that contain intoxicating cannabinoids. In addition, any final hemp-derived cannabinoid product may contain no more than 0.4 milligrams per container of total tetrahydrocannabinols or any other cannabinoids that have similar effects as a tetrahydrocannabinol. "In effect, this is a total, all out, complete ban on hemp products in the United States." The new ban, tucked into legislation ending the longest shutdown in history, outlaws products containing more than 0.4 milligrams of total THC per container. As of September, THC beverages were legal in 28 states and legal with restrictions in another nine, according to Whitney Economics, an industry consulting firm. "The model that you saw emerge for intoxicating hemp was similar to alcohol and beer," he says, describing the grab-and-go option as "much more consumer friendly" than visiting a dispensary. They remain subject to onerous federal restrictions, including a ban against interstate trade. Compare that to cannabis plants that have higher levels of THC and are classified as a Schedule I drug, alongside heroin. Under the 2018 Farm Bill, if a plant contains no more than 0.3% of Delta-9 tetrahydrocannabinol or THC, the compound that gives users a buzzy high, it's considered hemp. It’s why you can’t (well, probably shouldn’t) cross state lines with cannabis, even if you’re going from one legal state to the next. Cannabis is still federally illegal. Back in 2012, voters in Colorado and Washington approved the first-ever measures to legalize recreational cannabis. But that reversal doesn’t necessarily come as a shock to anyone who has been paying attention to this legal-ish market. It’s only fitting that the man who signed this bill into law, creating a multi billion dollar industry and hundreds of thousands of jobs, would now reverse it all seven years later. "What this ban is going to do is it's going to force all those little players right now into the illegal market," Jordan said. Cannabis executives warned that rising popularity could drive billions in black-market sales, where products face no testing, no age restrictions and no tax compliance. Studies have shown demand for marijuana and other THC-based products has continued rising in recent years as some consumers move away from alcohol and drink less overall. "This was his McConnell's signature law, the hemp law, and he wanted to correct it," Boris Jordan, CEO of cannabis company Curaleaf, told CNBC. A PBR Seltzer Spiked With THC Hits Shelves, Aiming At The 'Canna-Curious' Minnesota’s Democratic U.S. senators, Amy Klobuchar and Tina Smith, are among those strategizing to save the industry. “If they really thought there was a health emergency, there would be no year-long period.” “We are very hopeful that cooler heads will prevail,” said Jonathan Miller, general counsel of the industry group U.S. But the ban doesn’t take effect for a year. Five years ago, there were 220, said Trecia Ehrlich, cannabis program manager with the state agriculture department. The spending bill would create an express carveout for “industrial hemp,” which includes hemp grown for fiber, whole grain, oil, cake, nut, hull, microgreens, or other edible hemp leaf products, as well as hemp grown for research purposes. This provision takes direct aim at delta-8 and delta-10 THC, both of which may be produced by the cannabis plant in trace amounts but are typically synthesized outside the plant. These products are widely available in gas stations, smoke shops, and convenience stores across the country, resulting in adverse events in youth and competitive harm to businesses that are trying to follow the law. Under current law, “hemp” is defined as “the plant Cannabis sativa L. This article summarizes the proposed legislation, its likelihood of becoming law, and the potential impact on the hemp and cannabis industries. The biggest immediate enforcer may come in the form of a civil lawsuit rather than a badge. State legislatures might align with federal standards or, in some places, double down on state frameworks and dare the feds to intervene. The FDA also must complete the mandated cannabinoid lists on a tight timeline, which will shape the outer boundaries of enforcement but will not necessarily supply granular clarity for every product type. But building a nationwide program to vet cannabinoid profiles, test for synthesis outside the plant, and monitor “similar effects” claims is a resource‑intensive endeavor that the agency will surely resist. The agency can issue warning letters, coordinate with states, and pursue cases involving acute safety risks or egregious marketing. On March 7, 2025, South Africa’s Minister of Health, Dr. Pakishe Aaron Motsoaledi, issued the new regulations under the country’s Foodstuffs, Cosmetics, and Disinfectants Act (1972). The Department of Health will continue to consult broadly before publishing the revised regulations. The emergency regulations may be viewed on CDPH’s website. SA is set to sign a duty-free trade deal with China, aiming to boost exports, attract investment and reduce reliance on US markets. Despite beating Kaizer Chiefs 2-1 in the Nedbank Cup, Stellenbosch coach Gavin Hunt sees Betway Premiership title challengers in Amakhosi. The National Law Review is not a law firm nor is intended to be a referral service for attorneys and/or other professionals. Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor. No attorney-client or confidential relationship is formed by the transmission of information between you and the National Law Review website or any of the law firms, attorneys, or other professionals or organizations who include content on the National Law Review website. Any legal analysis, legislative updates, or other content and links should not be construed as legal or professional advice or a substitute for such advice. Businesses could further exploit the law by extracting a non-impairing compound, called CBD, and chemically changing it into other types of impairing THC, such as delta-8 or delta-10. As part of the 2018 farm bill, Congress legalized the cultivation of industrial hemp to give farmers, including in Republican Sen. Mitch McConnell’s home state of Kentucky, a new cash crop. “Rope, not dope” was long the motto of farmers who supported legalizing hemp. Now the $24 billion hemp industry is scrambling to save itself before the provision takes effect in November 2026. The product, which features the compound that gets cannabis users high, has been a lifeline at Indeed and other craft breweries as alcohol sales have fallen in recent years. Furthermore, CBD can turn into delta-8 THC through a chemical reaction. Although it is less potent, delta-8 THC (among others) also have psychoactive effects. The opportunity came, most simply, because delta-9 is not the only form of THC that causes a high. Today, THC concentration in marijuana generally hovers around 15%, with some potent strains reaching as high as 30%. However, the U.S. government has limited resources. Several states use those funds to support addiction services, county budgets and public health programs. "Companies have got way too much money invested in this and the demand is still there and growing. They companies aren't just going to go away, they're just going to go into the illicit market and put more people at risk." Kentucky Sen. Rand Paul has sparred with his colleagues for months over hemp and blasted the provision as an overreach that is "killing jobs and crushing farmers," adding that "every hemp seed in the country will have to be destroyed." "There's a lot of the small retailers, small businesses and farmers that are relying on hemp sales to survive," Gorenstein told CNBC. We need regulatory certainty, backed by science and common sense.” The withdrawal is a “critical win for logic, legality and livelihoods”, said Tebogo Thlopane, chairperson of the Cannabis Trade Association Africa. He added that Friends of Hemp South Africa would institute legal action if processes were not duly followed in the future. Charlotte’s Web to Provide CBD Products Through New Medicare Innovation Pilot Program The Farm Bill encompasses a wide range of topics including farm subsidies, food assistance programs, agricultural conservation, rural development, and more. These bills are typically passed every five years by the US Congress and are critical for setting the country’s agricultural and food policy. The Farm Bill is a comprehensive piece of legislation that governs an array of agricultural and food programs in the United States. It’s also unclear how the ban would be implemented, administered, and enforced. A detailed review article comparing different countries’cannabis programs is sorely needed, as well as a review article on the history ofinternational hemp and cannabis-product regulation. According to GW Pharmaceuticals’ accompanying press release,“Descheduling of Epidiolex will enable prescribing free of the previous Schedule Vrequirements in the United States.”8In other words, their CBD product would be available without a prescription or couldbe prescribed for a wide variety of conditions other than the orphan diseasesEpidiolex was originally approved to treat (Lennox-Gastaut and Dravet syndromes) andwould be covered by insurance; no other cannabis extract or CBD product is coveredby health insurance in the United States. For example, federal limits onheavy metals or pesticide use cannot be issued or enforced for a Schedule I product;a product that is federally illegal. Producers who started out driving their drinks to market personally are now shipping them in semitrucks, he says. "It has been a complete explosion of demand," says Tanner Johnson, CEO of Pure Shenandoah, a THC and hemp company based near Harrisonburg, Va. "I wouldn't have normally tried this, but because of the way it's being marketed, I'm up for it." With names like Mountain High, Buzzin' Breeze and Citrus Bliss, most of the drinks have only low doses of THC, the psychoactive ingredient in cannabis. Here's what to know about the looming ban on impairing products derived from hemp. Hemp Roundtable says more than 90% of non-intoxicating hemp-derived products contain more than 0.4 milligrams per container. A little-noticed provision tucked into the federal spending bill signed by President Trump could upend a booming industry -- by banning many THC-infused products, like gummies, drinks, topical pain relief and vapes, now found everywhere from gas stations to wellness shops. Any person who sells, imports or manufactures foodstuff containing the prohibited substances as contemplated in regulation 2 is guilty of an offence, and is liable on conviction to a fine or to imprisonment as prescribed in section 18 of the act.” (a) any part of the plant or component from the genus Cannabis which include C. “Government will also be implementing changes to the policy and regulatory framework to drive investment and jobs in this sector”, concluded the statement. The development also raised the hope that similar progressive measures would be taken regarding cannabis cultivation. As such, the state does not have any basis, in natural law, to criminalise the consumption or the sale of these substances. Irrespective of what one may think about cannabis, alcohol or cigarettes, the reality is the consumption of these substances does not violate the rights of another person. The uncertainty created by these new regulations undermined South Africa’s economic stability. Certainty in law is fundamental to the prosperity of any jurisdiction. Consequently, for such capital to be established initially, an investor must have the confidence that their investment will not become illegal in the coming years. This action comes despite a Constitutional Court ruling that decriminalised the possession and cultivation of cannabis for personal use. To track progress, visit the weekly hemp enforcement update. Just last month, President Ramaphosa reportedly stated he wanted to see South Africa to be a leader in the commercial production of the crop. It was only in 2023 when President Cyril Ramaphosa said hemp farming had the potential to bring “enormous” economic benefits for rural areas in particular. That South Africa has reintroduced one has caused great confusion and many questions from the local nascent industry. If the spending bill were to pass with its current redefinition of “hemp” intact, some implications would be immediate. Finally, hemp proponents tend to come from both sides of the aisle, particularly in states where hemp is a significant industrial crop. Similar proposals in previous years, such as an amendment to the 2024 Farm Bill proposed by Rep. Mary Miller (R-IL), have failed to become law. The bill would still need to pass the full House, pass the Senate, and be signed by the President to become law. Legal cannabis operators are also barred from writing off business expenses for taxes. Banks are generally hesitant to work with cannabis businesses because the risk is so high. This greatly limits the ability to scale and makes it difficult to attract investors, among a long list of other downsides, like banking. President Ramaphosa said during his State of the Nation Address (SONA) that South Africa aimed to spearhead the commercial production of hemp and cannabis. “In light of further stakeholder consultations, the Minister of Health will withdraw the Regulations under the Foodstuffs, Cosmetics, and Disinfectants Act (Foodstuffs Act) to prohibit the sale, importation, and manufacture of foodstuffs containing hemp and cannabis. The broader cannabis community is mobilizing against the ban, with advocacy groups like Fields of Green for All and the Dagga Union calling for protests and legal action. In briefing the President, the Minister of Health, Dr Aaron Motsoaledi, expressed concern about unregulated imported foodstuffs flooding the South African market containing hemp and cannabis. Speculation is rife that lobbying from the pharmaceutical and alcohol sectors, which stand to lose market share if cannabis products become mainstream, may have influenced the decision. It prohibits the sale, importation, and manufacture of any food containing components derived from the Cannabis Sativa L plant, including hemp, hemp seed oil, and hemp seed flour. In 2021, legislation was enacted to establish a framework for the inclusion of industrial hemp derivatives in food, beverages, and other types of products. Our prior alert, linked above, highlighted that South Africa’s decision to expand its hemp cultivation laws within the agricultural industry is a significant step closer to harnessing the economic and environmental benefits of this versatile plant. “The flowering or fruiting tops of a cannabis plant and includes products made therefrom, but excludes any seed, seedling, the stalk, leaves and branches without any fruit or flower, and the roots of a cannabis plant, including products made therefrom.” As the hemp industry continues to evolve, stakeholders must stay informed about regulatory changes and actively engage in the policymaking process to advocate for fair and effective regulations. California has introduced stringent regulations on hemp-derived cannabinoids, particularly CBD. We still have a year before the impending hemp ban. This has created a lot of controversy and infighting among the hemp vs. cannabis crowd. It’s no surprise that the 2018 Farm Bill eventually transformed into a pathway for people to start questionably legal hemp operations. It sounds fun to run a legal cannabis business. In other words, the regulation has criminalised the sale, importation and manufacture of any food or beverage containing ingredients derived from the cannabis sativa L plant, including hemp seeds, hemp seed oil, hemp seed flour and cannabis-infused drinks. “2 Prohibition of 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 This webinar will discuss development considerations for CBD and other cannabis-derived products from a clinical, preclinical (pharmacology/toxicology), CMC, and regulatory perspective. The regulatory landscape for hemp-derived cannabinoids is in a state of flux, shaped by ongoing legislative developments at the federal and state levels. Building on the framework established by the 2018 Farm Bill, the 2024 Farm Bill introduces several amendments aimed at addressing regulatory gaps and ensuring the safety and quality of hemp-derived products. These amendments reflect growing concerns over the rapid expansion of the hemp industry and the need for more robust oversight. As the industry matures, the regulatory environment continues to evolve, presenting both opportunities and challenges for stakeholders. Overall, the spending bill reflects both the overall hostility of the current Congress to recreational THC, and the complexity of regulating hemp and cannabis at a granular level. Despite this, in a landmark regulatory shift, the Department of Health has imposed a sweeping ban on the production, sale and import of cannabis- and hemp-infused food products in South Africa. This means virtually all hemp-based cannabinoid products on the market today might be banned at the federal level, since even non-intoxicating CBD products usually contain trace amounts of THC. Users on social media claimed that the change in law would effectively ban industrial hemp-derived cannabis products. After all, businesses producing hemp-derived intoxicating THC products aren’t subject to all of the red tape involved with state-regulated cannabis markets. Trump inadvertently created a pathway for an entire market of unregulated, federally legal, intoxicating hemp products back in 2018. ABC News Live Hemp manufacturers have been exploiting the law to produce and market hemp products that contain THC without the safeguards in place for similar cannabis products. In October, a court rejected a legal move to stop enforcement of California’s emergency regulations banning THC-containing hemp products that harm the public, especially children. The hemp industry has seen substantial growth and transformation since the passage of the 2018 Farm Bill, which legalized the cultivation of hemp and the production of non-intoxicating cannabinoids like cannabidiol (CBD). In its current form, any product that contains cannabinoids synthesized or manufactured outside the cannabis plant, regardless of concentration, would no longer be considered legal hemp. Now, the federal government has hemp-derived products in their sights. For large companies and international investors, this ban represents a major setback. Social media has erupted with outrage, with many accusing the government of strangling economic opportunities and going back on promises of empowerment. ‘We want SA to be leading in the commercial production of Hemp… which is so well-known in the Eastern Cape and KZN,’ President Cyril Ramaphosa said. This decision will confuse the steady-growing cannabis community, including entrepreneurs, businesses and consumers. “The Department of Health will continue to consult broadly before publishing the revised regulations,” the Presidency added. This week the Presidency announced that Health Minister Dr Aaron Motsoaledi will retract these regulations following a meeting with President Cyril Ramaphosa. With businesses, farmers, and consumers all impacted, pressure is mounting for the government to clarify its stance and address the growing backlash. While the South African government sought sources of revenue to finance its ongoing expenses, the health department effectively criminalised an entire industry.As the industry matures, the regulatory environment continues to evolve, presenting both opportunities and challenges for stakeholders.Cannabis sativa was considered industrial hemp if, and only if, it had a "delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.""It has been a complete explosion of demand," says Tanner Johnson, CEO of Pure Shenandoah, a THC and hemp company based near Harrisonburg, Va.Cans of seltzer containing THC, the active ingredient in marijuana, are shown in a cooler at the Indeed Brewery taproom in Minneapolis on Thursday, Nov. 20, 2025.The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements.Myron Krost, CEO of Canna Trade Africa, called the regulations “confusing and nonsensical,” noting that hemp seed oil and flour had been legally available for years without issue.The ban appeared to be in conflict with the Cannabis for Private Purposes Act, which legalised the private use and possession of cannabis by adults. Cannabis Is Still Illegal on a Federal Level Hemp is an agricultural commodity, whereas cannabis is a Schedule 1 controlled substance. It’s just the THC content that legally separates the two. “Many smaller hemp operators did not commit to real estate, long-term contracts, or other fixed obligations for this very reason.” Because technically, it’s not cannabis. It can create a similar high to delta-9 THC, albeit a bit less potent. Production of CBD products could be indirectly impacted, however, by a general decrease in hemp production and if producers struggle to comply with the strict 0.4 milligram threshold for THC found in the new law. A replay of the marijuana scenario is possible, whereby federal law technically bans the conduct, but day-to-day enforcement is shaped by protective state policy and muted federal enforcement priorities. That limit is extremely low, and it effectively makes illegal many non-intoxicating full‑spectrum CBD products that contain trace THC. Since the 2018 Farm Bill excluded hemp from the Controlled Substances Act (CSA) based on delta‑9 THC concentration alone, a multi‑billion‑dollar market exploded around hemp-derived intoxicants. It collides with a fast-evolving cannabis marketplace, a patchwork of inconsistent state rules, and federal agencies with limited bandwidth or enthusiasm for utilizing precious resources. New cannabis regulations outlawing food products contradict both economic logic and natural law. It remains to be seen whether the federal government will actually enforce this new ban or, if similar to the marijuana industry, regulation and enforcement will be left to the states. However, absent aggravating circumstances like making robust therapeutic claims, marketing to children, or copycatting popular food product brands, most hemp-derived THC brands have not heard from FDA. These amendments amount to the most consequential shift in federal hemp policy since the 2018 Farm Bill legalized hemp and hemp-derived cannabinoids. Next November, most currently legal consumer hemp products will become a federally controlled substance. Folded into the FY2026 Agriculture appropriations law signed in November 2025, the new federal definition of hemp moves beyond the old focus on delta-9 THC and pivots to “total THC” and THC-like effects. Another important question is whether the threat of civil litigation becomes its own enforcement arm, pushing the intoxicating hemp market toward a rapid, legal-risk-driven contraction. In the meantime, if you’re someone who relies on THCa and other hemp-derived products, it may be a good time to stock up. Please consult one of our lawyers on any specific legal problem or matter. The shifting legal environment presents both challenges and opportunities, and how policymakers, businesses and consumers respond will shape the industry’s outcome. South Africa accordingly remains a key player in the global medicinal cannabis market. Cannabis and hemp-derived substances will now be channelled into medicinal applications, particularly in treatments for cancer, Parkinson’s, Alzheimer’s, arthritis and other neurological conditions. The spending bill would close the “hemp loophole” by changing the 0.3 percent cap to be based on total THC concentration, including all THC isomers as well as tetrahydrocannabinolic acid (THCA). This provision was championed by Rep. Andy Harris (R-MD), chair of the House Appropriations Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies (“the subcommittee”), and a longtime opponent of cannabis reform. The 138-page Fiscal Year 2026 Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Bill (“the spending bill”) includes a dramatic change to the current definition of hemp. State regulators, including ABC, CDPH, the Department of Cannabis Control, the California Department of Tax and Fee Administration, and state and local law enforcement officials, enforce these requirements. Businesses that fail to follow the law face various consequences, including criminal penalties and loss of license. An extension, if applied for before the leaseexpires, preserves the leaseholder’s legal interest and ensures continuity of title. Suddenly, intoxicating THC products could be sold commercially without any sort of cannabis license. She suggested the federal government could allow states to develop their own regulatory frameworks or that Minnesota's strict regulations could be used as a national model. Several other states have since taken steps to regulate or ban impairing hemp products. We are tracking the progress of the spending bill closely along with other hemp-related legislation at the state and federal levels. For example, it would virtually eliminate hemp-derived infused beverages, such as seltzers and non-alcoholic beers which often contain 3mg-5mg of THC per container, from interstate commerce. Even a more limited legislative change could have serious implications for the hemp and cannabis industries. Fortunately for the hemp industry, the spending bill faces an uphill battle, at least in its current form. In effect, this means that all products created from legal hemp containing low levels of delta-9 will likely become very difficult (if not impossible) to produce. In states that allow it, federal law will classify many popular products as illegal, but local authorities may not prioritize enforcement absent federal leadership or resources. States have charted their own highly inconsistent paths on hemp cannabinoid products, with some banning the products outright, some allowing sales with few regulations, and others creating licensing, age-gating, and testing regimes. A product that avoids delta‑8 or other enumerated cannabinoids might still be marketed for an intoxicating experience. Any cannabis plant with less than 0.3% THC became legal to produce and sell under federal law. Here’s what to know about the looming ban on impairing products derived from hemp. Insurancecoverage or federal market approval would inevitably follow, and allowing interstatecommerce would cause huge, beneficial (but volatile) shifts in the cannabis and hempeconomy. Dedicated federal pathways for cannabinoid drug and product development wouldimmediately result in increases in the perceived safety of cannabis products, andFDA/federal approval would lend credibility to approved cannabis products. This could result in Florida’s hemp market facing significant contraction. This means, the group says, seniors, veterans and others who rely on them for pain management or sleep would suddenly be violating federal law to obtain them -- “disrupting their care and leaving them scrambling for potentially harmful alternatives.” Paul said this "couldn’t come at a worse time for America’s farmers," warning on the Senate floor that this will “eradicate the hemp industry.” Now, the hemp industry says the consequences will be devastating. The "ban" becomes fully effective one year from enactment (unless amended), giving the industry a transitional window through late 2026. In other words, all THC — regardless of form or whether it converts into delta-9 THC — now counts toward federal limits. The hemp industry will surely reel from this sudden, unwelcome development. “Government will also be implementing changes to the policy and regulatory framework to drive investment and jobs in this sector”, concluded the statement.Hemp companies and their insurers should therefore begin preparing for a likely market exit as it relates to those products.Cape Town — The Department of Health has banned the production and sale of cannabis and hemp-derived food goods in South Africa.This legislation allowed for the legal cultivation, processing, and sale of hemp and its derivatives, leading to a surge in the production and commercialization of hemp-derived products, particularly CBD.Agriculture Commissioner Wilton Simpson has made it a priority to aggressively remove hemp products that target children or produce euphoric effects.Suddenly, intoxicating THC products could be sold commercially without any sort of cannabis license.The emergency regulations may be viewed on CDPH’s website.Some in the legal marijuana industry celebrated, as the ban would end what they consider unfair competition. In 2013, the Justice Department issued a memorandum saying it would not enforce the Controlled Substances Act's ban on marijuana in those states in some circumstances. In 2012, Colorado and Washington legalized marijuana recreationally. Over the years, the hardline position on hemp softened, and officials began considering low-level cannabis offenses a lower priority. Constitution, federal law always supersedes state law. Department of Justice's previous decisions about prosecuting marijuana usage, it was also unclear how much effort the government will put in to fully enforcing the change. In effect, the 2018 change created a new market for legal hemp-derived cannabis products, as growers bred plants with low levels of delta-9 THC and high levels of other forms of the chemical that still lead to a high. It encompasses all food products containing components derived from all types of cannabis plants, including hemp seeds and hemp seed oil, which contain none of the intoxicating cannabinoid THC. In a surprising move, government has banned edibles and cannabis and hemp-derived food products. Tucked in between provisions for dairy producers, rural development, and other agricultural-related business was a section about hemp. Trump signed the Farm Bill into law at the end of 2018. "If a farmer has uncertainty, they’re not going to plant,” Hilliard said. Minnesota's Democratic U.S. senators, Amy Klobuchar and Tina Smith, are among those strategizing to save the industry. "We are very hopeful that cooler heads will prevail," said Jonathan Miller, general counsel of the industry group U.S. The regulations also ban sales to people under 21. “On the few occasions when ABC agents found items during inspections, they’ve ensured these harmful products are removed from shelves.” Get insight into the most recent legal developments across key industry sectors. In Kenya, there is a legal distinctionbetween a lease extension and a lease renewal. For permission to reproduce an article or publication, please contact us The information and material published on this website is provided for general purposes only and does not constitute legal advice. Interstate carriers may balk at transporting any hemp products while the uncertainty persists. Expect retailers to attempt end-runs around the law by manipulating the “container size.” Also expect certain products, like beverages, to face heightened scrutiny. Congressional researchers have recently warned that both the FDA and DEA may lack the resources to broadly police the market for banned hemp intoxicants. On the other hand, we are only just beginning to see the true impact of lawsenacted over the last several years. It can surely be argued that it is unclear as to the early benefitsof increasing access to regulated forms of cannabis, and perhaps these perceivedbenefits may be short lived.10,15,16On one hand, we have decades of cannabis policy and data of outcomes related toprohibition, with a gradual liberalization/decriminalization of medical and adultuse. There are, however, regulatory approaches and considerations that may have unintendedconsequences. Suchstandardized pharmaceutical-grade cannabinoid preparations simply have notdemonstrated a significant resale value in illicit markets.13 For more information about the complexities of this issue, please see thelengthy review by Russo, entitled “Current Therapeutic cannabis Controversies andClinical Trial Design Issues.”11 In October, Democratic California Gov. Gavin Newsom signed a bill banning the sale of intoxicating hemp products outside the state's legal marijuana system. Senate surprised the hemp industry when it quietly included language that effectively bans all intoxicating hemp products within one of the fiscal year 2026 appropriation bills, which was signed into law by the President on November 12, 2025. But the number of licensed growers has cratered since the state banned intoxicating hemp products outside of the regulated cannabis market in 2023. Arguably, it may not be fiscally responsible to throw tens of millions of dollarsinto developing a federally approved prescription cannabis product for such anarrowly targeted orphan disease (ie, as done with Epidiolex)—especially in light ofthe fact that theexact same drugis already widely available without a prescription requirement.9This concept is discussed below along with the benefits and implications oflegalizing cannabis and cannabinoid products and where it might be helpful to havetwo (or perhaps more) regulatory pathways designed to facilitate marketapproval.On the other hand, we are only just beginning to see the true impact of lawsenacted over the last several years.Licensees may not sell such products to anyone under the age of 21.This week the Presidency announced that Health Minister Dr Aaron Motsoaledi will retract these regulations following a meeting with President Cyril Ramaphosa.This means, the group says, seniors, veterans and others who rely on them for pain management or sleep would suddenly be violating federal law to obtain them -- “disrupting their care and leaving them scrambling for potentially harmful alternatives.”It’s clear that South Africa is at a pivotal point, and the coming years will likely reveal new trends, innovations and potential hurdles that could redefine the market entirely.“We need to be able to tell them the presidency and department of health the truth about what the benefits of cannabis products are.” According to the non-partisan Congressional Research Service, humans have also selectively bred cannabis, though in a less extreme manner. Over centuries, humans have selectively bred the plant to emphasize certain traits. It's a large piece of legislation aimed at governing the nation's agricultural and food programs and updating them when necessary. In a letter, he said legal proceedings would challenge the validity of the regulations published and claims would be instituted for financial losses incurred as a result of it. His company, in collaboration with other cannabis business owners, have written to Motsoaledi asking him to nullify the promulgated laws. Hennie Venter, CEO of Cannabisness and managing director of HempCare, said, on behalf of the growers, he was preparing for a legal battle to compel the government to reverse its decision. According to the new law, any person found selling, importing, or manufacturing foodstuff containing the prohibited substances would be guilty of an offence and liable on conviction to a fine or imprisonment. She suggested the federal government could allow states to develop their own regulatory frameworks, or that Minnesota’s strict regulations could be used as a national model. Some in the legal marijuana industry celebrated, as the ban would end what they consider unfair competition. “It will keep these dangerous products out of the hands of children, while preserving the hemp industry for farmers,” McConnell said. He finally closed the loophole by inserting a federal hemp THC ban in the measure to end the 43-day federal government shutdown, approved by the Senate on Nov. 10. Botanically speaking, both hemp and marijuana come from a plant called Cannabis sativa. Though unlikely in the author’s opinion, congressional oversight could clarify enforcement priorities or push for a regulatory alternative to an outright ban, especially if the market disruption proves sharp. The FDA’s forthcoming lists of cannabinoids and definitions will set boundaries that industry and enforcers will rely upon. Some retailers will exit categories early, while others may maintain offerings until the last possible moment or pivot to non‑intoxicating products. That uncertainty leaves businesses whipsawed between divergent expectations and opens room for illicit markets to persist. After November 2026, all those regimes will intersect, and in many cases collide, with the federal prohibition. Retailers and brands that believed they were operating safely and compliantly under 0.3% delta‑9 by weight now face a per‑container threshold that unfairly shifts the compliance calculus. In Nebraska, lawmakers have instead considered a bill to criminalize the sale and possession of products containing hemp-based THC. Dozens of states have since taken steps to regulate or ban impairing hemp products. In legal marijuana states, they undercut heavily taxed and regulated products. After states began legalizing marijuana for adult use over a decade ago, hemp advocates saw an opening at the federal level. Low-THC hemp is grown for its sturdy fibers, food or wellness products. Also expect disagreements to arise between business partners over which entity bears the risk of, and insurance for, allegedly non-compliant products. Litigation risk will increase around stranded inventory, label disputes, and claims tied to products sold close to the deadline. Available insurance coverage for product liability, recall, cargo, D&O, and other lines will tighten, get repriced, or exclude specified products altogether. The Department of Justice’s overall enforcement priorities will matter, and congressional oversight could nudge the DOJ toward a posture that resembles its approach to state-legal marijuana activities. Products that are legal under one state’s current rules will face federal shipping and mail constraints with potential felony exposure. The uncertainty created by these new regulations undermined South Africa’s economic stability.Moreover, hemp farming is a major industry in several key lawmakers’ home states, such as Kentucky and North Carolina.Many see the move as a betrayal of the 2018 Constitutional Court ruling that decriminalized personal cannabis use, as well as the government’s prior commitments to expanding cannabis-related economic opportunities.It’s just the THC content that legally separates the two.Businesses could further exploit the law by extracting a non-impairing compound, called CBD, and chemically changing it into other types of impairing THC, such as delta-8 or delta-10."What this ban is going to do is it's going to force all those little players right now into the illegal market," Jordan said. Hemp, therefore, generally constitutes the seed, seedling, stalk, leaves and branches without any fruit or flower, and the roots of a cannabis plant. However, the act still imposes significant restrictions on the legal cultivation and commercial trade of cannabis. The Cannabis Act establishes a legal framework for the private use, possession and cultivation of cannabis in South Africa. After the first vehicle crashed through the door, at least 5-6 suspects entered the business and started filling bags with products. All of this opens the door to disputes, both in and out of the courtroom, over testing protocols and which products count as compliant versus noncompliant. Both agencies have levers they can pull, but neither has the manpower to monitor thousands of retailers, chase every online seller, or test the flood of product SKUs for total THC, isomers, or “similar effects” cannabinoids. Cannabinoids that are not naturally produced by the cannabis plant, or that are produced via synthesis outside the plant, are excluded entirely. The key points include that hemp will be measured by total THC on a dry-weight basis, not just delta-9 concentration. Congress has swept aside what previously counted as legal hemp. State and local governments could also lose out on millions in tax revenue tied to hemp sales, Gorenstein and Miller said. "This is the most thoughtless, ignorant proposal to an industry that I've seen in a long, long time," Paul said after the ban was passed. The crackdown marks a dramatic reversal from 2018 when Sen. Mitch McConnell, R-Ky., championed hemp legalization to create a new national agricultural commodity and economic driver for Kentucky. More than 300,000 jobs tied to the hemp economy are at risk, according to Whitney Economics, a hemp and cannabis research firm, from farmers and extractors to manufacturers, logistics firms and retailers. The popularity of cannabis and cannabinoid products continues torise, and these products are available for the majority of the population in the UnitedStates to purchase as easily as alcohol. “Instead of banning the substance, the government was supposed to regulate the market.” Venter has called on the cannabis and hemp entrepreneurs to contact him to prepare for the legal battle. The various cannabis clubs and businesses that were already operating in the grey areas established by the Cannabis for Private Purposes Act will now encounter increased uncertainty. This issue – characterised by legal absurdity, violations of rights and a disregard for the judgment of the Constitutional Court – became apparent from the moment the state enacted the Cannabis for Private Purposes Act of 2024. The state appears to need revenue sources, yet it is criminalising an industry that could potentially be worth billions of rands. Ruvekh Singh, director of BakedPMB, said the government action was unconstitutional. “Everyone who invested and done research and development in this industry stand with their hands in their pockets looking at their investments coming down in flames.” Dagga plants sold at the Cannabis Expo at Cape Town International Convention Centre in Marchlast year. The South African government already collects taxes from the consumers of alcohol and cigarettes, taxes which are currently and for the near future, will be desperately needed. The criminalisation of an industry does not make sense. On 28 May 2024, the President signed the Cannabis for Private Purposes Act 7 of 2024 (Cannabis Act) into law.In light of further stakeholder consultations, the Minister of Health will withdraw the Regulations under the Foodstuffs, Cosmetics and Disinfectants Act (Foodstuffs Act) to prohibit the sale, importation and manufacture of foodstuffs containing hemp and cannabis.The cannabis industry is especially outraged because this ban comes just one month after President Cyril Ramaphosa publicly stated that South Africa should be a leader in hemp production.Enforcement will also run into a familiar federal‑state mismatch, such as the dynamic around state-regulated marijuana.Hennie Venter, CEO of Cannabisness and managing director of HempCare, said, on behalf of the growers, he was preparing for a legal battle to compel the government to reverse its decision.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.Licensees must immediately cease the marketing or sale of such products.Moving forward, industry leaders argue the only durable solution is federal standards, not prohibition. On November 12, 2025, as part of the spending package to reopen the federal government (H.R. 5371), Congress enacted significant changes to the federal definition and regulation of hemp. Though not retroactive, the ban also may have unforeseen impacts on existing litigation involving hemp companies in state and federal courts across the country. The question of who bears the risk of products that intentionally or inadvertently remain in the stream of commerce after the effective date will likely plague the industry. Hemp companies and their insurers should therefore begin preparing for a likely market exit as it relates to those products. Although the immediate ban has been lifted, the legal and regulatory position of cannabis and hemp food items is still undetermined.In October, Democratic California Gov. Gavin Newsom signed a bill banning the sale of intoxicating hemp products outside the state’s legal marijuana system.Lackner, of the Hemp Beverage Alliance, says that after news of the federal clampdown emerged, a drink supplier in the alliance told him that they called their distributor in Georgia to confer about what it might mean for them.Illicit or gray‑market channels may fill gaps, especially online, with all the attendant risks to product quality and safety.These amendments reflect growing concerns over the rapid expansion of the hemp industry and the need for more robust oversight.Food and Drug Administration (FDA or the Agency) has been saying since before the 2018 Farm Bill was enacted that adding THC to food and beverage products is illegal.The regulations also ban sales to people under 21.But within a few years of the Farm Bill’s passage, some people started getting crafty with hemp.Instead, all states with legal cannabis must grow, process, and sell cannabis within their borders. However (and this will be important later), delta-9 is not the only form of THC that can cause psychoactive effects. The most common is called delta-9 THC, oftentimes just called THC and sometimes delta-9. It is found in the flowers and leaves of the plant, and it has many different forms. The main chemical in marijuana that causes psychoactive effects (the "high") is called tetrahydrocannabinol, or THC. Am I allowed to sell or use at my ABC-licensed premises industrial hemp products? Plant, including hemp, hemp seed oil, and hemp seed flour. It explicitly prohibits the sale, import, and manufacture of any food containing ingredients from the Cannabis Sativa L. The decision, published in a recent government gazette, falls under the Foodstuffs, Cosmetics, and Disinfectants Act of 1972. Thesouthafrican.com is a division of Blue Sky Publications Ltd. President Donald Trump signed it into law on Nov. 12, 2025. After 41 days, the Senate voted to advance a bill re-funding the government, which reopened two days later. Until agencies signal their priorities and courts weigh in on the gray areas, businesses and consumers will be navigating a moving target defined as much by practical limits and policy choices as by the letter of the law. The ban’s text is clear, but the enforcement path is certainly not. Investors price in lawsuit exposure, insurers pull back or tighten exclusions, and retailers demand indemnities that manufacturers cannot realistically honor. You should obtain independent legal advice before engaging in business involving either alcoholic beverages or cannabis, and you should not act in reliance on any information presented herein. Spokesperson Reuben Coetzee said the foundation would continue to “closely monitor the situation to ensure that the minister’s commitment is honoured and that the withdrawal of the unlawful regulations is formally gazetted without delay”. The presidency said the health department would consult broadly before publishing revised regulations. Friends of Hemp South Africa is no longer going ahead with the litigation it had planned in response to the now withdrawn ban but some individual companies might still take legal action for losses incurred while it was implemented, Bam said. Cannabidiol and tetrahydrocannabinol are chemical compounds found in the cannabis plant. “Industrial hemp and CBD will remain legal for industrial applications.” At Bauhaus Brew Labs, a few blocks away, THC drinks account for 26% of their revenues from distributed products and 11% of revenues at the brewery’s taproom. Minnesota made infused beverages and foods legal in 2022 for people 21 and older. This year, there were 42, and with a federal ban looming, she expects that number to drop by about half next year. Texas, which has a massive hemp market, is moving to regulate sales of impairing hemp, such as by restricting them to those over 21. Lackner, of the Hemp Beverage Alliance, says that after news of the federal clampdown emerged, a drink supplier in the alliance told him that they called their distributor in Georgia to confer about what it might mean for them. Rep. Nancy Mace, R-S.C., has introduced a bill to repeal the section of the spending measure that restricts hemp. They included Democratic Sen. Cory Booker of New Jersey, who told an audience, "This is not a partisan issue" — and pointed to his vote alongside Republican Sen. Rand Paul of Kentucky, who opposes the hemp crackdown. While THC drinks are available in some states with regulated recreational markets, they're also easily found in states that don't, such as Florida and South Carolina. But Johnson says the looming federal changes are already affecting business in his state. Growers and activists are gearing up for a court battle to compel the government to reverse its decision to ban the use of cannabis and hemp in foodstuff and cosmetic products. The Department of Health announced this week a ban on the production, sale, and importation of cannabis and hemp-derived food products. President Ramaphosa reaffirmed his commitment to increasing stakeholder consultation and public participation in developing new regulations that will reduce health risks and the negative impact of food products containing cannabis and hemp, especially concerning minors. Cabinet has welcomed the withdrawal of the Department of Health's regulations that banned the sale of hemp and cannabis food products, according to Minister in the Presidency Khumbudzo Ntshavheni. For the health department’s regulations to demonstrate consistency, it must also criminalise alcohol and tobacco foodstuffs, rather than perpetuating the current perception of cannabis as a uniquely vilified substance. The health minister recently published regulations that criminalise the sale or distribution of cannabis-infused food items. We are doing our part to ensure intoxicating hemp products are out of the reach of vulnerable groups like children. South Africa’s Government recently quietly ushered in new regulations prohibiting the sale, importation, and manufacture of foodstuffs containing any cannabis whatsoever – including hemp foods. It’s also why the legal cannabis industry still doesn’t have interstate commerce. This kicked off what is now a projected $45 billion industry, with nearly half of the country implementing recreational cannabis laws in the following decade. As a quick clarification, hemp and cannabis are the same species of plant. The ban would overwhelmingly impact states without legal recreational cannabis, like Kentucky, Utah, and Texas. In 2025, legislation that would have limited serving-size THC content, restricted retail channels, and tightened labeling and marketing rules died in the final days of the session. “It’s a big deal," said Ryan Bandy, Indeed's chief business officer. "It would be a mess for our breweries, for our industry, and obviously for a lot of people who like these things.” The production lines at Indeed Brewing moved quickly, the cans filling not with beer, but with THC-infused seltzer. The state prohibits the sale of hemp products to anyone under age 21, bans products attractive to children, and requires hemp-processing facilities to meet safety standards. Buried in the bill that ended the federal government shutdown this month was a provision to ban those drinks, along with other impairing beverages and snacks made from hemp, which have proliferated across the country in recent years. Despite uncertainty over how federal laws might change, the hemp THC beverage market continues barreling along. Possible federal measures could include standardizing tests and monitoring of hemp products and requiring an ID check at liquor stores selling THC drinks. The summit came a week after Congress passed a provision banning products that contain hemp-based THC. This will eliminate the prospect of industry-killing regulations like the cannabis ones being released and, hopefully, start the journey to get South Africa out of the road to serfdom. The new regulations criminalising cannabis foodstuffs must be scrapped. In a country with our lacklustre growth coupled with high unemployment numbers, any law or regulation which will frustrate the creation of an industry that even the government acknowledges will create jobs, should be rejected. The argument regarding the negative health effects of cannabis in a jurisdiction that has justifiably decriminalised the consumption of alcohol and cigarettes – substances that are equally, if not more, harmful than cannabis – is flawed. While the South African government sought sources of revenue to finance its ongoing expenses, the health department effectively criminalised an entire industry.