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Cannabis and hemp banned from food products by Department of Health

The Department of Health has implemented a sweeping ban on the production, sale, and import of cannabis and hemp-derived foodstuffs.

This move could threaten to derail South Africa’s budding cannabis industry and contradict previous government commitments to commercialising the sector.

The decision, published in a government gazette, falls under the Foodstuffs, Cosmetics, and Disinfectants Act of 1972. 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. The unexpected policy shift has sparked intense controversy, reigniting debates around cannabis safety, economic empowerment, and the government’s commitment to cannabis legalisation.

What does the ban cover?

The newly gazetted regulations fall under the Foodstuffs, Cosmetics, and Disinfectants Act (1972) and explicitly prohibit all edible products derived from Cannabis sativa L., including:

  • Hemp seed oil
  • Hemp seed flour
  • THC-infused edibles (which were previously growing in popularity)

Despite some initial confusion and disbelief, the prohibition has been confirmed as legally binding and enforceable under South African law.

Why the sudden ban?

While some dismissed the announcement as an outdated relic from 1972, it was clarified that the amendment was officially updated on 7 March 2025, making it a current, intentional government decision. Experts speculate that the drastic move may be driven by:

  • Public safety concerns: The government aims to curb unregulated cannabis edible production, where illegal manufacturers may use unsafe methods, leading to contaminated or overly potent products reaching minors and uninformed consumers.
  • Regulatory gaps: Currently, no national framework exists to regulate the safe production, testing, and marketing of cannabis edibles.
  • Pressure from Big Pharma?: Some suspect lobbying from the pharmaceutical and alcohol industries, which stand to lose market share if cannabis-infused products become widely available.
  • Internal government disputes: The contradiction between this new ban and the recently passed Cannabis for Private Purposes Bill (2024) suggests a lack of alignment within government policies.

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 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.

The backlash has been immediate and fierce, particularly from small business owners whose livelihoods are now at immediate risk.

Social media has erupted with outrage, with many accusing the government of strangling economic opportunities and going back on promises of empowerment.

For large companies and international investors, this ban represents a major setback. Many had already poured millions into projects based on South Africa’s supposed shift toward a progressive cannabis industry.

Under this new regulation, any individual or business that continues to sell, manufacture, or import cannabis-infused edible products is now committing an offense under the Foodstuffs, Cosmetics, and Disinfectants Act (1972), as reported by Plant Living.

Significant fines and potential imprisonment are penalties under this act.

As the situation unfolds, the future of South Africa’s cannabis industry hangs in the balance, and its potential to become a global leader is now uncertain.

Compiled by: Food & Home Entertaining Staff

First published by Food & Home

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