These products contain negligible THC levels and are entirely distinct from unregulated cannabis edibles that do not adhere to safety or labelling standards,” said co-founder Connor Davis. He said the intention was “to exclude cannabis from being regulated through the food regulations and we want this to be done through the legislation that SAHPRA manages”. This means a government regulator would …make sure products meet the standards,” he said, “and evaluate the type of cannabis that’s been used, the chemical content… and make a determination as to whether that would be safe for people to consume. The banning decision has also been questioned by legal experts. It did not legalise the trade of cannabis, which is still treated as an offence under the Drugs and Drug Trafficking Act. She said she had been in meetings where the government had raved about the economic opportunities that cannabis can bring to the country. She said it disregarded public consultation and the voices of businesses and health experts, and accused the government of hypocrisy. I know there are a couple of legal letters and a couple of people who are challenging the matter.” It further stated that 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. Please note that, due to legal and other developments, KAYA 959 may amend these terms and conditions from time to time. Myron Krost, CEO of Canna Trade Africa, called the regulations “confusing and nonsensical.” In an interview with BusinessTech, he pointed out that hemp seed oil and flour were already legal and widely used, with no evidence of harm. Selling psychoactive cannabis products has always been illegal, so Motsoaledi's decision to "ban" edibles is more of a reinforcement of existing laws than a new regulation. 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. We know that the sale of THC is illegal, but to include hemp seeds and hemp flour and oil in this which is something we have had access to for a long time,” she said. In Canada, edibles were legalised in 2019 under the Cannabis Act, with pre-market approvals and THC limits.Stakeholders are urging the government to reconsider the ban and engage with the industry to develop evidence-based policies.He said while they acknowledged the risks posed by an unregulated cannabis food market, the government’s response should not be an outright prohibition.“A minister is criminalising conduct that was previously not criminalised using powers derived from an arguably unconstitutional statute,” said senior legal researcher, Dan Mafora.Clarke accused the government of hypocrisy as she had been in meetings where the government had raved about the economic opportunities that cannabis can bring to the country.Sakeliga and NEASA issued a letter of demand, dated 12 December 2025, to the Minister of Employmentand Labour and other departmentalofficials.“The Department of Health will continue to consult broadly before publishing the revised regulations,” the Presidency added.According to Keichel, many veterinary products containing cannabis ingredients are being sold illegally, as they have not undergone proper testing and approval.We still have a year before the impending hemp ban. The South African minister of health just banned hemp in food. Home » News » Why have cannabis and hemp products been banned? An entire industry has been in panic mode because the newly passed spending bill includes a ban on most hemp derived THC products. With the health minister banning edibles, the industry is unsure of what comes next. In October, Democratic California Gov. Gavin Newsom signed a bill banning the sale of intoxicating hemp products outside the state’s legal marijuana system. Marijuana and hemp are the same species. “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. Hemp-derived food and other products are generally considered safe for human consumption globally, as they have no psychoactive effects. This regulatory shift has far-reaching consequences for South Africa’s agricultural sector, particularly for businesses involved in hemp cultivation, processing and food production. While cannabis and hemp are from the same plant, the difference lies in the chemical composition. First, it is important to note the legal difference between cannabis, and hemp. If you were counting on edibles for your weekend wind-down, think again—those days are over, at least legally speaking. Kevin Hilliard, co-founder of Insight Brewing in Minneapolis, said the hemp industry needs a solution before planting time next spring. 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. If you’ve been vibing with cannabis-infused treats to relax or help you sleep, you might need to rethink your snacks. However, it also raises concerns about restricting a key industry that has the potential for significant economic impact. Some products were advertised with unverified medicinal benefits, raising concerns about transparency. South Africa’s cannabis industry and communities are now at a critical turning point. Many misunderstood this as a total cannabis ban, but that is incorrect. Many had already poured millions into projects based on South Africa’s supposed shift toward a progressive cannabis industry. “Despite repeated declarations of support for the cannabis and hemp industries in your State of the Nation Addresses, this move directly contradicts the commitment to fostering a thriving, inclusive and globally competitive hemp sector. While many initially interpreted the ban as a complete prohibition on cannabis, the government has clarified that this is not the case. Stockpiles of hemp oil and edibles are now worthless, and farmers with hemp permits are stuck. They highlighted hemp’s nutritional benefits, noting that hemp seeds provide a complete protein source, essential fatty acids, and key vitamins and minerals—important in a country grappling with malnutrition and food insecurity. Budden warned that the ban could damage investor confidence and stall the momentum the South African hemp industry was beginning to build. In the recently released Let’s Talk Hemp Volume Up Podcast – The Cape Town Tapes, Beegle discussed the promising potential of South Africa’s hemp and cannabis markets, making the sudden ban even more perplexing. The current regulations on foodstuffs (under Foodstuffs, Cosmetics and Disinfectants Act) do not cover the use of cannabis in food. 📩 Stay informed – Sign up for our newsletter to receive real-time updates on South Africa’s cannabis industry and regulations. Should the government regulate cannabis edibles instead of banning them? Klobuchar noted at a recent news conference that the ban was inserted into the unrelated shutdown bill without a hearing. Kentucky’s second senator, Republican Rand Paul, introduced an amendment to strip McConnell’s hemp language from the crucial government-funding bill, but it failed on a lopsided vote. A number of lawmakers say they will push for regulation of the hemp THC industry. “Industrial hemp and CBD will remain legal for industrial applications.” Minnesota made infused beverages and foods legal in 2022 for people 21 and older. Department of Health announces ban of hemp and cannabis in food-related products Five years ago, there were 220, said Trecia Ehrlich, cannabis program manager with the state agriculture department. Texas, which has a massive hemp market, is moving to regulate sales of impairing hemp, such as by restricting them to those over 21. In legal marijuana states, they undercut heavily taxed and regulated products. If you believe in sensible cannabis regulation, now is the time to take action. For large companies and international investors, this ban represents a major setback. “We were building businesses on the promise of legalization—now everything we invested in is worthless overnight.” – Anonymous entrepreneur “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, 6 February 2025, State of the Nation Address He foresees an economic, agricultural, and consumer impact fallout from the ban. Private cannabis clubs and medical marijuana dispensaries have exploded since a landmark 2018 Constitutional Court ruling – the Prince judgment – decriminalised the cultivation and use of cannabis by adults in private. Cannabis activist from Fields of Green for All, Myrtle Clarke, said the ban was only going to create room for the black market. She said Motsoaledi has bypassed the required public consultation process, relying on a dubious claim that the regulations were needed without delay. “By failing to separate these categories, the proposed draft regulation unnecessarily criminalises an established and legitimate industry.” 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. After states began legalizing marijuana for adult use over a decade ago, hemp advocates saw an opening at the federal level. “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. Tucked in between provisions for dairy producers, rural development, and other agricultural-related business was a section about hemp. Can people no longer buy sketchy looking weed products at gas stations and head shops? The ban, which takes effect in a year, would essentially end a $28 billion market and put more than 300,000 jobs at risk. Hemp-derived THC may go away, but state-regulated markets are here to stay. Hemp foods are widely accepted and consumed globally for their nutritional benefits—this move sets South Africa back,” Budden said. “It raises serious questions about the alignment and cohesion within the government.” In a surprising and controversial move, South Africa’s Minister of Health, Dr. Pakishe Aaron Motsoaledi, issued new regulations on March 10, 2025 Magwenya added that the Health Department will continue to “consult broadly” before publishing the revised regulations. Low-THC hemp is grown for its sturdy fibers, food or wellness products.Any cannabis-infused pet products must comply with the Pharmacy Act and the Medicines and Related Substances Act.Just months ago, in May 2024, President Cyril Ramaphosa signed the Cannabis for Private Purposes Act into law, decriminalising personal use and cultivation of cannabis by adults.In a surprising and controversial move, South Africa’s Minister of Health, Dr. Pakishe Aaron Motsoaledi, issued new regulations on March 10, 2025We want South Africa to be leading in the commercial production of hemp and cannabis,” Ramaphosa said.The ban also clashes with South Africa’s health crisis.The number of South Africans involved in what is presently illegal cannabis production is difficult to estimate accurately, for the obvious reason that they are forced to operate beneath the radar.And if you’re caught selling or making these food products?Government withdraws ban on cannabis-derived foodstuffs.Since the 2018 ruling, small businesses have sprung up, from bakeries selling CBD brownies to farmers growing hemp for seeds and oil. The ban also clashes with South Africa’s health crisis. ” Patients using hemp products for pain or anxiety—like Mokoena—face uncertainty. Under the new rules, selling or making cannabis-infused foods is an offence, risking fines or jail under the 1972 Act. In Canada, edibles were legalised in 2019 under the Cannabis Act, with pre-market approvals and THC limits. “It’s a possibility we can’t ignore.” Others see it as a knee-jerk reaction to unregulated edibles flooding the market post-2018, though no major health crises have been reported. “A minister is criminalising conduct that was previously not criminalised using powers derived from an arguably unconstitutional statute,” said senior legal researcher, Dan Mafora. “Instead of the health department getting out there and saying let’s regulate it, educate and discuss, he is saying let’s ban which is contrary to the movement,” he said. Mzansi’s history with cannabis and hemp is very complicated and, like everything in this country, rooted in colonialism and racism. Some in the legal marijuana industry celebrated, as the ban would end what they consider unfair competition. Instead, the ban puts it at odds with progressive peers. Even in Africa, nations like Lesotho and Zimbabwe allow cannabis cultivation for export, cashing in on global demand. “Other countries regulate; we ban,” said Kiechel. 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. Growers and activists have criticised the government’s move to ban the use of cannabis and hemp in foodstuff and cosmetics products. The move, quietly introduced on 7 March 2025, has blindsided the growing cannabis industry, with products like hemp seed oil, hemp seed flour, and THC-infused edibles now outlawed. However, what has caused concern is the government's decision to also ban non-psychoactive hemp-based food products – such as hemp seeds and hemp oil – without public consultation. Why marijuana edibles have been banned in South Africa Minnesota made infused beverages and foods legal in 2022 for people 21 and older.Perhaps it’s overreach, but what can you expect when the industry has allowed itself to act so recklessly and abuse the lack of regulation and enforcement?Similarly, THCa products have exploded in recent years.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.This greatly limits the ability to scale and makes it difficult to attract investors, among a long list of other downsides, like banking.Get insight into recent legal developments.The decision, published in a recent government gazette, falls under the Foodstuffs, Cosmetics, and Disinfectants Act of 1972.While the risk with products such as cannabis edibles is understandable, the commercial production and sale of these products were in any event criminalised by the Cannabis Act.Banks are generally hesitant to work with cannabis businesses because the risk is so high. Cannabis industry leaders are fuming after the sudden and unexpected ban on cannabis and hemp-derived edibles. The newly gazetted regulations prohibit all edible products derived from Cannabis Sativa L., specifically hemp seed oil, hemp seed flour and THC-infused edibles. “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,” the gazette states. They banned any food containing ingredients derived from cannabis, hemp seed oil, or hemp seed flour. The National Department of Health has defended its decision this month to ban foodstuffs containing cannabis and hemp products, saying this was aimed at ensuring consumer safety while it works on a “grand plan” to involve the South African Health Products Regulatory Authority (SAHPRA). “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. "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," she added. There is currently no national framework governing the safe production, testing, and marketing of cannabis edibles. Plant, including hemp, hemp seed oil, and hemp seed flour. This move threatens to derail South Africa’s emerging cannabis industry and contradicts previous government promises to commercialise the sector. Cannabis edibles ban: impact on businesses and regulatory confusion However, recent changes to South Africa’s cannabis and hemp regulatory framework have caused much controversy in the agricultural sector. He said, “We want South Africa to be leading in the commercial production of hemp and cannabis.” Plant, including hemp, hemp seed oil, or hemp seed flour.” Critics assert that the policy contradicts earlier governmental visions of leveraging the cannabis industry as a driver for economic expansion. They argue the measure hinders the growth of South Africa’s cannabis and hemp sectors. In his 2025 State of the Nation Address (SONA) on February 6, President Cyril Ramaphosa declared that South Africa should be a global leader in hemp production. Despite initial confusion over the announcement, authorities have confirmed that the ban is legally binding and enforceable under South African law. 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. The ban appears to contradict the recently passed Cannabis for Private Purposes Bill (2024), highlighting potential discord within government policies. The Minister’s decision was met with shock from industry bodies and activists. SAHPRA spokesperson Madimetja Mashishi said the body was currently engaging with the department and “would be in a position to express itself once the engagements were concluded”. SAHPRA does not, however, deal with the private or recreational use of cannabis. THCa (tetrahydrocannabinolic acid) is a naturally occurring chemical in the cannabis plant. Similarly, THCa products have exploded in recent years. Because technically, it’s not cannabis. Delta-8 THC is chemically similar to delta-9 THC and occurs naturally in small amounts in cannabis. But within a few years of the Farm Bill’s passage, some people started getting crafty with hemp. He said, “We want South Africa to be leading in the commercial production of hemp and cannabis.”Consumers are now desperately seeking answers from the government and Health Minister Aaron Motsoaledi.“These states have imposed relentless costs and regulations on their state-licensed operators, holding them to the strictest of standards.Yet, the Department of Health has backtracked on this progress and imposed a ban on the production and selling of cannabis and hemp-derived foodstuffs.Understanding the government's contradictory decisions (Open access)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.The South African Department of Health's unexpected ban on cannabis edibles raises questions about the future of the country's burgeoning cannabis economy.The National Department of Health has defended its decision this month to ban foodstuffs containing cannabis and hemp products, saying this was aimed at ensuring consumer safety while it works on a “grand plan” to involve the South African Health Products Regulatory Authority (SAHPRA). "A minister is criminalising conduct that was previously not criminalised using powers derived from an arguably unconstitutional statute," said senior legal researcher, Dan Mafora. The South African Department of Health's unexpected ban on cannabis edibles raises questions about the future of the country's burgeoning cannabis economy. He noted that countries like the United States, Canada, China, and members of the European Union have successfully integrated hemp into their food industries, generating significant economic value. Tony Budden, a long-time hemp activist and co-founder of Hemporium, expressed his concern over the ban. BEST OF CENTRAL NEWS In a move that has stunned the burgeoning South African cannabis industry, the government has enacted an immediate ban on the sale, importation, and manufacture of all cannabis-infused food products, hemp seed oil, and hemp seed flour. These regulations slam the door on the production, sale, and importation of any food containing cannabis or its derivatives, including hemp seed oil and flour—items previously seen as legal and beneficial. Friday 7 March 2025, the department quietly gazetted a ban on the manufacture, importation and sale of all cannabis-infused food products, hemp seed oil, and hemp seed flour. In a stunning and unexpected twist, the South African government has officially banned the sale, importation, and manufacture of all cannabis-infused food products, hemp seed oil, and hemp seed flour. Stakeholders are urging the government to reconsider the ban and engage with the industry to develop evidence-based policies. Removing hemp foods from the market undercuts a growing segment of the industry, reducing opportunities for rural farmers and small businesses. “At a time when South Africa is battling rising rates of obesity, diabetes, and malnutrition, banning a highly nutritious, natural, and sustainable food source is both illogical and detrimental to public health,” the letter stated. This greatly limits the ability to scale and makes it difficult to attract investors, among a long list of other downsides, like banking. But that still would not have made it legal for the plant to travel across state lines. Cannabis is still federally illegal. Hemp is an agricultural commodity, whereas cannabis is a Schedule 1 controlled substance. It’s just the THC content that legally separates the two. Instead, all states with legal cannabis must grow, process, and sell cannabis within their borders. Many industry players had high hopes about both Biden and Trump teasing the idea of rescheduling cannabis from a Schedule I to a Schedule III drug, as this would ease some of the red tape. 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. 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. of people are waiting for friends and family to pay them back 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.” 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. But, selling or using cannabis publicly is still illegal. There’s probably some shop down the road from your neighbourhood grocer which claims to only sell “hemp and CBD products”, but you know better. The evolving legal landscape around cannabis in South Africa remains complex, and further clarity is needed to address public concerns. Since 2018, courts have determined legality on a case-by-case basis – if a person can prove that their cannabis is strictly for private use, it may be considered legal. And if you’re caught selling or making these food products? Industry experts warn the ban could cause job losses, halt investments, and hinder South Africa’s rise as a global cannabis leader. On the flip side, the cannabis industry is expressing strong discontent. There’s no question that we naturally expect the state to step in with regulation, but if an industry really cared about its community, it would do some introspection too. What we have seen is this argument of “it’s legal now” or, for those who spent six months at law school and learned a new word, “it’s decriminalised”. To date, we’ve hardly heard a murmur from the industry to promote responsible use. Perhaps it’s overreach, but what can you expect when the industry has allowed itself to act so recklessly and abuse the lack of regulation and enforcement? So, it shouldn’t be shocking that Health Minister Aaron Motsoaledi finally took a break from his NHI bundu-bashing to do something effective to address health in the country. iCAUR to enter South Africa in 2026, bringing emotionally charged, electric vehicles to local roads South Africa is still awaiting the formalisation of the Cannabis for Private Purposes Act, which has yet to be legally enacted. While personal cultivation and use of cannabis are permitted, selling it remains against the law unless it goes through a complex pharmaceutical licensing process. However, this does not mean cannabis can be freely sold in stores. There’s been a lot of confusion about the implications of the hemp ban tucked in the spending bill. This unexpected turn of events contradicts the government’s decriminalisation of cannabis by the Constitutional Court in recent years. But, in 2018, after years of fighting from pro-cannabis activists, the Constitutional Court passed a ruling that made it legal for adults to smoke and cultivate marijuana in their homes. The decision has sparked backlash, not just from cannabis fans but also from industry leaders who say the move stifles innovation and economic growth. Industry experts warn the ban could cause job losses, halt investments, and hinder South Africa’s rise as a global cannabis leader.Get your news on the go, click here to join the IOL News WhatsApp channel.Private cannabis clubs and medical marijuana dispensaries have exploded since a landmark 2018 Constitutional Court ruling – the Prince judgment – decriminalised the cultivation and use of cannabis by adults in private.Plant, including hemp, hemp seed oil, or hemp seed flour.”A 2018 court ruling decriminalised the cultivation and use of cannabis by adults in private.The shocking and unexpected move is a contradiction of the government’s decriminalisation of cannabis by the Constitutional Court in recent years.To bridge this gap, the department is working with the South African Health Products Regulatory Authority (SAHPRA) to establish a strict approval process.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. The ban’s timing has sparked speculation. “This ban kills that potential,” said Krost. “They invested in a legal crop, and now their market’s gone overnight.” The Department of Agriculture issued hemp permits to hundreds of growers, who now face ruin. While some dismissed the announcement as an outdated relic from 1972, it is clarified that this amendment was officially updated on 7 March 2025, making it an intentional, current government decision. Despite some initial confusion and disbelief, the prohibition has been confirmed as legally binding and is now enforceable under South African law. I think everyone in the cannabis community is totally shocked. Decriminalisation activist and expert Myrtle Clarke, was shocked at the news. The objective of the notice is to regulate the use of cannabis in foodstuffs through pre-approval process for manufacturers to disclose the amount and quantity of cannabis included on the food for consumers to make their food choices. The notice is part of government efforts to protect the consumers from unregulated food containing cannabis. The Apex Court’s ruling has seen many businesses pop up with the use of cannabis foodstuffs gaining more popularity, not only for recreational use but also for its medicinal benefits. This comes after the Department of Health backpedaled on its decision to allow the cannabis food industry to grow and boost the economy. The US has seen a boom in hemp foods since the 2018 Farm Bill, with hemp seed oil sold in supermarkets. A 2023 report by Prohibition Partners estimated South Africa’s cannabis market could hit R27 billion by 2027, with edibles and hemp products as key drivers. This isn’t just about recreational edibles—it’s a blanket ban that hits medicinal and industrial hemp products too. 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. “This reversal now criminalises previously lawful activities, creating massive uncertainty regarding the future of the non-medical, industrial hemp industry in South Africa,“ said Vayej. “A Minister is criminalising conduct that was previously not criminalised using powers derived from an arguably unconstitutional statute,” senior legal researcher Dan Mafora told IOL. Outcry as government bans cannabis and hemp in food and cosmetics I’d love to know what the industry would have wanted from a regulatory point of view, but that information isn’t forthcoming beyond give us laws that legalise weed. In the six-year lacuna between that Constitutional Court ruling legalising private use of dagga and the eventual Act that came to regulate it, the cannabis industry was in a free-for-all. According to Keichel, many veterinary products containing cannabis ingredients are being sold illegally, as they have not undergone proper testing and approval. So in the interest of public health safety we want these products to be assessed by SAHPRA before being authorised for sale. Companies specialising in hemp-based nutritional supplements, plant-based foods and seed oil production now face significant disruption, as their core product lines are no longer permissible in the local retail market.Despite initial confusion over the announcement, authorities have confirmed that the ban is legally binding and enforceable under South African law.Another overlooked aspect of the cannabis industry is pet care.This reversal now criminalises previously lawful activities, creating massive uncertainty regarding the future of the non-medical, industrial hemp industry in South Africa.”After all, to provide banking to a state-legal cannabis business is to provide banking to a federally illegal cannabis business.Even hemp seeds, prized for their nutritional value and low THC content (below 0.2%), are caught in the net. While the Council for Scientific and Industrial Research (CSIR) and the Gauteng Department of Agriculture have been investing in hemp-based product development, the Department of Health’s decision undermines these efforts. Cheeba’s letter also pointed out the inconsistency within the government. Approximately 1,500 hemp cultivation permits have already been issued to South African farmers. Trump inadvertently created a pathway for an entire market of unregulated, federally legal, intoxicating hemp products back in 2018. And that’s how intoxicating hemp products rapidly became federally legal across the country. Crafty producers began to sell hemp-derived THCa products with less than 0.3% THC, but much higher levels of THCa. The ban would overwhelmingly impact states without legal recreational cannabis, like Kentucky, Utah, and Texas. We want South Africa to be leading in the commercial production of hemp and cannabis,” Ramaphosa said. Sakeliga and NEASA issued a letter of demand, dated 12 December 2025, to the Minister of Employmentand Labour and other departmentalofficials. Thisalert explores how these two acts interact, particularly in the context of consumer transactions The Sale of Goods Act, Cap 31 Laws of Kenya (SOG Act) and the Consumer Protection Act, Cap 501 lawsof Kenya (CPA) govern the framework for the sale of goods and the protection of consumer rights,respectively. For permission to reproduce an article or publication, please contact us Please consult one of our lawyers on any specific legal problem or matter. The information and material published on this website is provided for general purposes only and does not constitute legal advice. As the landscape continues to evolve, stakeholders will need to stay adaptable and informed to navigate the future of this emerging industry. SAHPRA oversees a regulated framework that permits the cultivation, manufacturing and export of medicinal cannabis to Europe, ensuring the country remains competitive in the rapidly expanding global cannabis economy. South Africa’s cannabis industry is challenging the ban on cannabis-infused products, citing job losses and investment risks. "This is not only about THC edibles, but also about hemp seeds, hemp oil and hemp flour too. We have no idea what precipitated all of this disastrous piece of potential legislation," Clarke said. The sudden ban on cannabis edibles has left many industry stakeholders scrambling for clarity and direction, highlighting the complex and evolving regulatory landscape surrounding cannabis in South Africa. The number of South Africans involved in what is presently illegal cannabis production is difficult to estimate accurately, for the obvious reason that they are forced to operate beneath the radar. Without policy coherence regulating sales, it becomes difficult for the likes of the Minister of Health to regulate the sale of edible products – and affords him the gap for their total ban. The lack of a policy framework to organise and regulate South Africa’s cannabis industry since the Constitutional Court decriminalised its use – but not its sale – seven years ago is placing the future of the burgeoning industry, and up to a million people’s livelihoods, at risk. “Instead of imposing restrictions, the government should support the hemp industry, which has the potential to boost jobs, improve public health, and drive sustainable economic development. AKOS BIO, an online medical cannabis pharmacy, said restricting hemp-based food products without justification severely undermines efforts toward economic growth, job creation, and environmentally friendly industrial innovation. Health Deputy Director-General Dr Anban Pillay told News24 the primary objective of the legislation was to make sure the government was able to make decisions about cannabis that ensured the quality and safety of food, with the regulatory help of SAPHRA. 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. Industry leaders remain hopeful that the government will reverse the decision and create a stable regulatory framework that supports the long-term growth of South Africa’s hemp industry. He said it was a regulatory misstep that threatened the credibility of the government’s commitment to fostering industrial hemp as a viable sector. Birch said the decision had already drawn negative attention from the international hemp industry and placed South Africa at odds with global best practices. “The ban undermines the very foundation upon which the industry has been trying to establish itself and sends a damaging signal to local and international investors who have been cautiously optimistic about South Africa’s potential in this space.” Private cultivation and use of cannabis, as established by the 2018 Constitutional Court ruling and the Cannabis for Private Purposes Bill (2024), remains legal. The ban is now legally binding and enforceable, with severe penalties for non-compliance. Government crackdown on cannabis edibles 'Breakfast with Martin Bester' spoke to Paul-Michael Keichel, an attorney of the High Court of South Africa, about the recent ban on marijuana edibles in the country. “There are a number of concerns with the use of cannabis in foods from a safety perspectives because the food control legislation in South Africa does not make provision for pre-market approval for food containing cannabis. Department of Health bans the making and selling of cannabis edibles in South Africa ... The Department of Health announced this week a ban on the production, sale, and importation of cannabis and hemp-derived food products. In a surprising move, government has banned edibles and cannabis and hemp-derived food products. At the beginning of March, Health Minister Dr Aaron Motsoaledi quietly gazetted regulations prohibiting the sale, importation and manufacture of food products with ingredients derived from cannabis, hemp seed oil, or hemp seed flour. “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 The Department of Health has quietly slapped a ban on the production and sale of all cannabis and hemp-based food products in South Africa. Users of edible cannabis products have the right to know that what they consume is safe, which requires regulations, not a ban. Minister Motsoaledi should know that colonial and apartheid authorities, who began banning the use of cannabis products in the 1800s to increase worker productivity, singularly failed to curtail the industry which, by 2003, was rated the fourth largest in the world by Interpol. With the ongoing changes in cannabis and hemp laws and regulations in South Africa, it will be fascinating to observe what developments unfold next. Given the focus on the risk and public safety, it is interesting that the ban encompasses both cannabis and hemp, taking into consideration that hemp contains minimal levels of THC. Companies specialising in hemp-based nutritional supplements, plant-based foods and seed oil production now face significant disruption, as their core product lines are no longer permissible in the local retail market. 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.Myron Krost, CEO of Canna Trade Africa, called the regulations “confusing and nonsensical.” In an interview with BusinessTech, he pointed out that hemp seed oil and flour were already legal and widely used, with no evidence of harm.“They invested in a legal crop, and now their market’s gone overnight.”“It’s a possibility we can’t ignore.” Others see it as a knee-jerk reaction to unregulated edibles flooding the market post-2018, though no major health crises have been reported.Keichel explained that cannabis should not be infused into products like gummies and brownies, as there is a risk of minors gaining access to them.Texas, which has a massive hemp market, is moving to regulate sales of impairing hemp, such as by restricting them to those over 21. Users of edible cannabis products have the right to know that what they consume is safe, which requires regulations, not a ban,” read the party’s statement. While there isn’t a clear reason why Motsoaledi took this decision, attorney Richard Anthony Chemaly argues that the cannabis industry has itself to blame for not promoting the responsible use of food-based cannabis products. The products, which must be derived from legally certified hemp, have become so popular that Target is now offering THC drinks at some of its stores in the state. But the number of licensed growers has cratered since the state banned intoxicating hemp products outside of the regulated cannabis market in 2023. SAHPRA is empowered – through the Medicines and Related Substances Act – to regulate cannabis cultivation, manufacturing and distribution for medicinal purposes, using its discretion to grant licences to this effect. A 2018 court ruling decriminalised the cultivation and use of cannabis by adults in private. People breaching these regulations could be subject to a fine or imprisonment. The Star is South Africa's most influential daily newspaper, covering the heart of the nation with unequaled reporting of local, national and international news and sport. To read more about the Cannabis Act and the commercial cultivation of hemp in South Africa and other African countries, see our previous alert here. Conversely, hemp, as defined below, has been extensively cultivated for commercial purposes in South Africa and other African countries for several years now. The law lets people grow a few plants, possess a certain amount of cannabis, and use it at home. What makes this even more confusing is that President Cyril Ramaphosa signed the Cannabis for Private Purposes Bill into law back in May 2024, which decriminalises personal cannabis use. This decision has left businesses in the cannabis market reeling, with many facing financial losses and uncertainty. “When it comes to cannabis in particular, the global standard is that there is pre-authorisation for food containing cannabis. The minister imposed this under the regulations that fall under the Foodstuffs, Cosmetics, and Disinfectants Act (1972). This decision, announced just days earlier, will jolt and confuse the country's growing cannabis economy, and entrepreneurs, businesses, and even consumers are sure to be up in arms in seeking answers from the government and Health Minister Aaron Motsoaledi. This unexpected turn of events contradicts the government's decriminalisation of cannabis by the Constitutional Court in recent years. The mention of companies and other enterprises in news stories and Q&As does not imply an endorsement by Let’s Talk Hemp or any business relationship. The GOOD party also weighed in, accusing Motsoaledi of “smoking his socks” over the ban.😂 “Incoherent decriminalisation does not work. “The ban threatens over licensed businesses and 400 SMMEs, impacting job creation and growth,” the party said in a statement. Myron Krost, CEO of Canna Trade Africa said that he was worried the ban would spook investors. Even hemp seeds, prized for their nutritional value and low THC content (below 0.2%), are caught in the net. The ban took effect immediately, leaving cannabis entrepreneurs, farmers, and consumers scrambling for answers. As businesses reel and activists gear up for a fight, the ban raises big questions about the future of cannabis in South Africa. The cannabis community has spent decades fighting the state and perhaps it forgot to tell its industry to shift gear when the wins were coming, and they continued going all out. Rosen is a bladder cancer survivor who credits his cannabis use for the restoration of his health. Rosen’s thriving business includes stores in Claremont and Plumstead where he sells brownies, gummies, candy floss, fudge and a variety of other related food products. It appears that while people are allowed to grow, smoke and possess cannabis, they are now prohibited from consuming this as a food product. “The cannabis master plan aims to increase the quality and variety of cannabis being produced for local and international markets. The development also raised the hope that similar progressive measures would be taken regarding cannabis cultivation. Hemp contains less than 0,2% THC, while cannabis contains more than 0,2% THC. Hemp, therefore, generally constitutes the seed, seedling, stalk, leaves and branches without any fruit or flower, and the roots of a cannabis plant. It brings you a succinct summary of the latest developments, both in news and research, with links to the original material. Every week your advertisement will reach more than 48,000 South African health professionals, of whom around 37,000 are medical and dental practitioners in the state and private sectors. Medical and recreational cannabis burst into the SA mainstream Rise in number of young South Africans seeking help for cannabis abuse Understanding the government's contradictory decisions (Open access) The announcement came without fanfare, buried in a government gazette that few saw coming. Janet O’Donoghue, co-founder of the South African Cannabis Community & Regulatory Association (SACRA), says she’s not surprised, pointing to a long-standing trend of tightening cannabis control despite recent personal use reforms. The latest news directly in your inbox Get the latest news and updates on Whatsapp Who wins when you have an industry acting with impunity in the context of every other substance industry being heavily regulated to care for society? 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. After all, to provide banking to a state-legal cannabis business is to provide banking to a federally illegal cannabis business. It’s also why the legal cannabis industry still doesn’t have interstate commerce.