Controversial Ban Targets Cannabis and Hemp related Foodstuffs and Beverages
By Anthony Rees – National Chairman (TNHA)
UPDATE 26 March 2025 – Health Minister Dr. Aaron Motsoaledi is set to withdraw last week’s controversial regulation banning cannabis (including hemp) in food products. The government now plans to consult more widely with experts and stakeholders moving forward.
The Department of Health’s Food Control Directorate will need to distinguish between recreational cannabis products containing THC (Tetrahydrocannabinol), and non-habit-forming, non-psychoactive products like CBD (Cannabidiol) and hemp. We at the TNHA believe the latter should be authorized, in keeping with international trends, good science and good law.
Hemp seeds, in particular, are a nutritional powerhouse, packed with high-quality plant protein and perfectly balanced Omega 3, 6, and 9 fatty acids, making them a true super-food when processed into oils, flour and protein extracts. Additionally, they contain gamma-linolenic acid (GLA) and the amino acid arginine, which have been linked to several heart and skin health benefits.
Read the press statement from the Presidency on this new development.
A century after South Africa first outlawed dagga (cannabis), the country’s Minister of Health has sparked fresh controversy by imposing a sweeping ban with criminal sanctions for traders in cannabis, encompassing hemp and all its derivatives in food and beverages. This sudden crackdown even targets innocuous products like hemp flour, hemp seed oil, CBD, and numerous health-benefiting, non-psychoactive, non-addictive components of the plant.
What makes this move even more contentious is its reliance on the apartheid-era Foodstuffs, Cosmetics, and Disinfectants Act of 1972, a decision that seemingly contradicts the President’s Cannabis Master Plan, which is being driven by the Ministry of Trade, Industry and Competition, under Minister Parks Tau.
Adding fuel to the fire, the regulation affecting the ban was implemented abruptly, sidestepping the usual three-month public consultation period required for new regulations under Section 15(6). Instead, the Minister invoked an emergency clause under Section 15(7)(b), citing the need to protect public interest and mitigate potential risks, a justification that has left critics questioning the transparency and intent behind the decision.
Notably, no evidence has been presented linking cannabis-infused or hemp-based products to public harm. As a result, the regulation faces mounting scrutiny from the burgeoning cannabis trade sector and public, with growing doubts over its rationality, fairness, and legality.
The stage is now set for a heated legal battle, as opponents prepare to challenge the ban head-on.