Cape Town — The Department of Health has banned the production and sale of cannabis and hemp-derived food goods in South Africa.
The shocking and unexpected move is a contradiction of the government’s decriminalisation of cannabis by the Constitutional Court in recent years. This decision will confuse the steady-growing cannabis community, including entrepreneurs, businesses and consumers.
“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 ruling stated.
“The Minister of Health has, under section 15 (1)(b)(e),(g) and (7)(b) of the Foodstuffs, Cosmetics and Disinfectants Act 1972 made Regulations in the Schedule.”
Last Friday, the Minister of Health effectively banned the making and selling of all cannabis edibles despite the private use of cannabis by adults being decriminalised https://t.co/itttfkHf4S pic.twitter.com/LxbHVD12eO
— son of baldwin 🌹 (@dansmywholename) March 11, 2025
According to IOL, senior legal researcher Dan Mafora, the Minister is criminalising conduct that was not criminalised and using powers derived from an unconstitutional statute.
“No Minister, acting under Parliament’s delegated authority in terms of an Act of Parliament, has the power to create new offences. South Africa is founded on the rule of law (section 1(c) of the Constitution), and although the country is in a time of crisis and charting unknown territory, the Constitution is not suspended,” Mafora said.
President Ramaphosa said during his State of the Nation Address (SONA) that South Africa aimed to spearhead the commercial production of hemp and cannabis.
“We are making sustainable use of the rich abundance of the South African earth. 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. We want South Africa to be leading in the commercial production of hemp and cannabis,” Ramaphosa said.
The South African minister of health just banned hemp in food. What a retard, I wonder how much big pharma paid him ? We wrote a letter to the president pic.twitter.com/du55SO24pE
— Trenton Birch (@trentonfreerad) March 12, 2025
SA gov bans cannabis edibles under 1972 Act, March 2025. No infused snacks, hemp oil, or flour—despite decriminalized private use. A blow to dagga freedoms & industry. Time to fight back!@DaggaMovement @DaggaMagazine @FieldsOfGreenFA @StopTheCopsZA @DaggaCouple @MarcScottEmery
— Dagga Union (@DaggaUnion) March 12, 2025
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Compiled by Matthew Petersen
