Operators in the cannabis sector have vowed legal action against health minister Aaron Motsoaledi over the ban on cannabis-infused food and drinks.
The controversial regulations to the Foodstuffs, Cosmetics and Disinfectants Act were published on March 7, prohibiting the sale, importation and manufacturing of foodstuffs containing ingredients derived from cannabis, hemp, hemp seed oil or hemp seed flour.
The Cannabis Trade Association Africa (CTAA) said it strongly opposed the ban which was a major setback for South Africa’s emerging hemp industry, which has been steadily aligning itself with global best practices in regulation and commercialisation.
CTAA chair Tebogo Tlhopane said the association, along with other organisations, had decided to file an urgent interdict against the ban, citing gross regulatory overreach and economic harm. “The reasons given by department heads for this ban lack any credible scientific basis and reflect a complete disregard for global regulatory standards. Such reckless and irrational decision-making cannot be left unchallenged,” he said.
[Health minister Aaron Motsoaledi] is going to have his hands full. It could be construed as criminally negligent what the minister has done, and he needs to be charged or fired
— Anthony Cohen, founder of Cannabis Trade Association Africa
CTAA said it firmly believed government officials responsible for such flawed policy decisions must be held personally liable. “We are pursuing legal action to impose punitive costs on these individuals in their personal capacity to prevent the continued waste of government and taxpayer money on fighting nonsensical and economically destructive laws.”
Anthony Cohen, founder of CTAA, said the ban would put thousands of jobs on the line. “There is a huge industry push to push back on the minister, and there are a few organisations, of which the CTAA is just one. He is going to have his hands full. It could be construed as criminally negligent what the minister has done, and he needs to be charged or fired,” he said.
Despite cannabis being a $400bn (R7.2-trillion) industry globally, there is still a prohibition on the sale of some of its products in South Africa. Cultivating marijuana for personal use was legalised in 2018, when the government made legal the sale of cannabidiol, a non-psychoactive compound derived from the cannabis plant.
During his state of the nation address in February, President Cyril Ramaphosa said South Africa could significantly expand the agricultural sector to position itself as a leader in the commercial production of hemp and cannabis.
Cohen said the ban went against all this, while ignoring scientific evidence, limiting consumer choice, and undermining economic opportunities for local farmers and businesses. While the rest of the world moves towards regulation, South Africa is moving backwards, he said
“It’s 100% against what the president, the department of trade, industry and competition, the department of agriculture, and other ministers have been trying to achieve. So, I think it is either [Motsoaledi] has bitten off more than he can chew, or he does not understand what he’s doing in the first place.”
The government’s work concerning cannabis has been transferred to the department of agriculture and the department of trade, industry and competition. However, neither of these departments were aware of the upcoming ban, Cohen said.
The CTAA has urged the health department to engage with stakeholders to develop a modern, science-backed regulatory framework, instead of “imposing outdated and prohibitive measures that stifle progress”.
Myrtle Clarke, MD at Fields of Green for All, recalled her experience when she learned of the ban on March 12, just hours before the organisation was set to exhibit its hemp products at the 68th Session of the UN Commission on Narcotic Drugs in Vienna.
Part of their messaging for the exhibition was to highlight the dangers of prohibition over the perceived dangers of the plant. “We jumped through so many hoops to be there, and it was extremely embarrassing. I could hang myself with embarrassment. For our government to resort to prohibition is extremely ignorant.”
Clarke said it was insulting that the decision was made without proper consultations with the industry.
Louis Eskeen, MD at Cannamart — a cannabis store that sells a variety of CBD and hemp products, including gummies, chocolates and biscuits — accused the health department of overreach.
While the ban has sent shockwaves across the sector, Eskeen said it was business as usual for Cannamart. “We’ve not been approached by anyone [to stop selling edibles] yet. We just have a number of questions from our clients, from our store managers, from some of our landlords regarding this, because this causes a huge amount of confusion,” he said.
Sharing the same sentiments, Kylie Adam, founder of Shanti Natural Care, said the move was devastating to many businesses dependent on these products. “We really do hope this decision is reversed somehow because it would have catastrophic implications for a lot of us,” she said.
The Eastern Cape Hemp Producers Association (Echpa) lambasted the department. With the provincial government at the forefront of developing the cannabis and hemp sector, the association said the ban was killing mushrooming businesses that benefit some of the poorest people in the province.
In 2024, R100m was invested into the sector to support the medicinal cannabis flower supplier programme that is set to create more than 3,000 employment opportunities.
Echpa member Thami Madliwa said: “This is abrupt, and it came without being announced to us. At this point, this comes across as sabotage.”
Gabriel Theron, CEO at Cilo Cybin, said it was important to highlight the impact of the ban on hemp and cannabis as cannabis had never been legal as a food supplement in the country. This would be a good thing as it would help prevent the many new stores selling these products.
However, for the hemp industry, he said it was not clear where the ban was coming from as hemp has been legal in South Africa for years. “It’s possible that they went with a blanket approach because of how difficult it is to distinguish the two, but this is a massive blow for the hemp industry.”
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