Government U-turn on cannabis products ban — seller (and user) fears allayed

The South African government has withdrawn its contentious regulations banning the sale, importation and manufacture of food products containing hemp and cannabis.

The reversal comes after mounting pressure from cannabis farmers, sellers, civil society organisations, including Free SA, which challenged the legality of the regulations and warned of court action if the government failed to comply with public consultation requirements.

Earlier this month, the government published rules in the Government Gazette (No. 52227), but these were created without allowing for public comment. This approach violated the Foodstuffs, Cosmetics and Disinfectants Act of 1972, which requires proposed regulations to be aired with the public for feedback at least three months in advance, unless there is an urgent reason not to. 

Following the public outcry, the government has withdrawn the rules and will allow more public input.

The government’s change of heart seems to be a nod to President Cyril Ramaphosa’s 2025 State of the Nation Address, where he pledged to make South Africa a leader in commercial hemp and cannabis. 

Read more: Confusion surrounds government’s sudden ‘ban’ on cannabis edibles

This comes after Ramaphosa signed a groundbreaking law in May 2024, the Cannabis for Private Purposes Act, which legalised the private use, possession and cultivation of cannabis. Strict legal rules around commercial cannabis trade and cultivation remain in place.

Cannabis and hemp are legally differentiated based on their THC (tetrahydrocannabinol) content. Cannabis is defined as the flowering tops of the plant and anything made from that, that contains more than 0.2% THC, the psychoactive compound. Hemp, on the other hand, includes the seeds, stalks, leaves and roots of the plant and contains less than 0.2% THC.

While private use of both cannabis and hemp is legal in South Africa, recent regulations from the Department of Health have banned the production, sale and import of any food products containing either cannabis or hemp. This ban, intended to protect consumers and ensure safety standards, particularly after an incident involving children consuming cannabis-infused muffins, has had significant consequences for the hemp industry, says law firm Cliffe Dekker Hofmeyr.

Background to the ban

The initial ban sparked widespread concern among industry stakeholders, who argued that it would harm economic growth and job creation. Western Cape Minister of Agriculture Ivan Meyer has emphasised the importance of supporting the cannabis industry. He highlighted the industry’s vast potential, estimating its value at R28-billion and its potential to create between 10,000 and 25,000 jobs.

The Democratic Alliance (DA) has cautioned that the move jeopardises the livelihoods of 1,400 licensed hemp farmers and 400 small businesses in South Africa’s hemp industry.

Read more: Motsoaledi’s abrupt cannabis products ban is like ‘cutting the legs off people’ 

Ramaphosa reportedly met Minister of Health Aaron Motsoaledi after the backlash and affirmed the importance of stakeholder engagement. The Presidency confirmed that the minister would withdraw the regulations and consult more broadly before reintroducing any measures.

Sighs of relief

The decision was welcomed by Lebo Skhosana, founder and chief development officer of Toca Essentials, an agri-processing business that crafts wellness products from cannabis, devil’s claw, cancer bush and other indigenous herbs.

Skhosana expressed relief and optimism after the government lifted the ban. “We can finally breathe a sigh of relief… they’re not just chucking us out,” she said.

Skhosana said she was heartened by the government’s newfound willingness to engage with the industry and understand it better. She was particularly thrilled to return her cannabis-infused products to the shelves, a move she promptly made on Wednesday morning. 

Similarly, the Free SA organisation hailed the decision.

“We welcome the President’s intervention and call on the Department of Health to ensure any future regulations follow due process and are grounded in transparency and evidence,” said spokesperson Reuben Coetzer. DM