By Lehlohonolo Lehana.
Government has lifted the ban on the sale of cannabis and hemp products in the country, acknowledging the need for consultation with stakeholders and the public on the proposals.
The decision reverses its earlier prohibition, which had made it a criminal offense to engage in any commercial activity related to cannabis food items.
In a statement on Tuesday night, the presidency said it would push for more stakeholder and public participation to formulate new regulations that would “limit health risk and the negative impact of foodstuffs containing cannabis and hemp, particularly on minors”.
“In light of further stakeholder consultations, the minister of health will withdraw the regulations under the Foodstuffs, Cosmetics and Disinfectants Act (Foodstuffs Act) to prohibit the sale, importation and manufacture of foodstuffs containing hemp and cannabis,” it said.
According to the statement, Health Minister Aaron Motsoaledi had told the presidency that there were “concerns about unregulated imported foodstuffs flooding the South African market containing hemp and cannabis”.
Organisations and lobbyists in the cannabis industry called the withdrawal of the ban a “victory” but said there was still a long way to go to ensure the regulations were properly developed and enacted to allow the market to thrive.
“We want to be able to create markets for businesses to be able to operate here more, and not less,” said Ayanda Bam, the president of Friends of Hemp South Africa president.
“We need to be able to tell them [the presidency and department of health] the truth about what the benefits of cannabis products are.”
Cannabidiol and tetrahydrocannabinol are chemical compounds found in the cannabis plant. CBD is known for its therapeutic uses, including to treat pain, anxiety and inflammation, and does not cause a high, while THC does have a psychoactive effect. Hemp seeds are used in textiles and for consumption.
Bam added that the debacle highlighted the disconnect between government departments and showed there was a need to consolidate the regulations around cannabis use in South Africa, including for private consumption and trading.
Friends of Hemp South Africa is no longer going ahead with the litigation it had planned in response to the now withdrawn ban but some individual companies might still take legal action for losses incurred while it was implemented, Bam said.
He added that Friends of Hemp South Africa would institute legal action if processes were not duly followed in the future.
The presidency said the health department would consult broadly before publishing revised regulations.
For big businesses and international investors, this regulation was a major blow. Many had poured millions into the sector, banking on a more progressive approach to cannabis commercialisation.