Health Minister
By Karabo Marifi
Health Minister Aaron Motsoaledi has sparked outrage and confusion across South Africa by gazetting regulations that ban the sale, importing, and manufacturing of cannabis-infused food products. The move, quietly introduced on 7 March 2025, has blindsided the growing cannabis industry, with products like hemp seed oil, hemp seed flour, and THC-infused edibles now outlawed. Janet O’Donoghue, co-founder of the South African Cannabis Community & Regulatory Association (SACRA), says she’s not surprised, pointing to a long-standing trend of tightening cannabis control despite recent personal use reforms. As businesses reel and activists gear up for a fight, the ban raises big questions about the future of cannabis in South Africa.
A Sudden Ban Shakes the Cannabis Community
The announcement came without fanfare, buried in a government gazette that few saw coming. On 7 March 2025, the National Department of Health, under Minister Aaron Motsoaledi’s signature, rolled out new rules under the Foodstuffs, Cosmetics, and Disinfectants Act of 1972. These regulations slam the door on the production, sale, and importation of any food containing cannabis or its derivatives, including hemp seed oil and flour—items previously seen as legal and beneficial. The ban took effect immediately, leaving cannabis entrepreneurs, farmers, and consumers scrambling for answers.
The timing couldn’t be more jarring. Just months ago, in May 2024, President Cyril Ramaphosa signed the Cannabis for Private Purposes Act into law, decriminalising personal use and cultivation of cannabis by adults. In his State of the Nation Address on 6 February 2025, he touted the economic potential of hemp and cannabis, saying, “We want South Africa to be leading in the commercial production of hemp and cannabis.” Yet, Motsoaledi’s ban seems to pull the rug out from under that vision, targeting an industry that was starting to bloom.
Janet O’Donoghue of SACRA isn’t shocked. “We’ve been seeing this coming for a very long time because in fact it is aligned with current legislation around cannabis which hasn’t actually changed much,” she said. “The only way it has changed is actually to tighten up control of cannabis and of course acknowledge that personal use cannot be controlled although they have restricted it to a large degree.” For O’Donoghue, the ban fits a pattern of strict oversight that’s been in place for decades, rooted in the Drugs and Drug Trafficking Act and the Medicines and Related Substances Act.
What the Ban Covers
The regulations are sweeping. They outlaw any foodstuff derived from Cannabis sativa L., covering everything from THC-laced gummies and brownies to hemp-based oils and flours used in baking or health products. Even hemp seeds, prized for their nutritional value and low THC content (below 0.2%), are caught in the net. This isn’t just about recreational edibles—it’s a blanket ban that hits medicinal and industrial hemp products too.
The Department of Health justifies the move as a consumer safety measure. A spokesperson told News24 that “there are a number of concerns with the use of cannabis in foods from a safety perspective because the food control legislation in South Africa does not make provision for pre-market approval for food containing cannabis.” The goal, they say, is to shield the public from unregulated products that might pose health risks. But critics argue this ignores the industry’s efforts to self-regulate and the growing global acceptance of cannabis foods.
Myron Krost, CEO of Canna Trade Africa, called the regulations “confusing and nonsensical.” In an interview with BusinessTech, he pointed out that hemp seed oil and flour were already legal and widely used, with no evidence of harm. “This feels like a step backwards,” he said. “It’s not just edibles—it’s killing off a whole sector that could’ve boosted our economy.”
A Contradictory Legal Landscape
To understand the ban, you need to unpack South Africa’s tangled cannabis laws. The Constitutional Court’s 2018 ruling in Minister of Justice v Prince decriminalised private use, possession, and cultivation of cannabis by adults, a landmark victory for activists. The Cannabis for Private Purposes Act of 2024 cemented this, signed into law by Ramaphosa ahead of the national elections. But while personal use got the green light, commercial and public aspects of cannabis remain tightly controlled.
O’Donoghue highlighted this disconnect. “Under this schedule, the whole plant or parts of the plant are controlled and inaccessible to the public,” she explained. “So cannabis is not in the law except recently in personal use law, the plant was never mentioned in the law, it was only mentioned in the schedule of the Drugs and Drug Trafficking Act schedule and the Medicines Act schedule and in that it is defined as an undesirable dependence-producing substance.” In other words, while you can grow and smoke cannabis at home, turning it into food or selling it is a no-go under existing frameworks—a stance the new ban reinforces.
This contradiction has activists fuming. Myrtle Clarke, director of Fields of Green for All, told Daily Friend the ban was a “disastrous piece of legislation” that came “out of the blue.” The Dagga Union echoed this on X, calling it “a blow to dagga freedoms and the industry” and urging a fightback. Many see it as a betrayal of the 2018 ruling and Ramaphosa’s economic promises.
The Industry’s Outcry
The cannabis sector was blindsided. Since the 2018 ruling, small businesses have sprung up, from bakeries selling CBD brownies to farmers growing hemp for seeds and oil. The Department of Agriculture issued hemp permits to hundreds of growers, who now face ruin. “Farmers are devastated,” said Paul-Michael Kiechel, a cannabis attorney at Cullinan & Associates, in a BusinessTech interview. “They invested in a legal crop, and now their market’s gone overnight.”
The economic fallout could be massive. A 2023 report by Prohibition Partners estimated South Africa’s cannabis market could hit R27 billion by 2027, with edibles and hemp products as key drivers. Jobs in farming, processing, and retail—many in rural areas—were starting to take root. “This ban kills that potential,” said Krost. “It’s not just about weed brownies; it’s about livelihoods.”
Consumers are equally upset. “I use hemp oil for my arthritis,” said Cape Town pensioner Thandi Mokoena. “It’s natural and it works—why take it away?” Posts on X reflect the anger. @MrCPT wrote, “Goodbye to gummies, space cakes and infused drinks. 🤯,” while @FieldsOfGreenFA slammed Motsoaledi’s “quiet” gazetting as sneaky and unfair.
Why Now? Theories and Timing
The ban’s timing has sparked speculation. Some, like Clarke, suspect pressure from big industries—pharmaceutical and alcohol giants—who might lose out if cannabis products gain traction. “Pressure from Big Pharma?” asked PlantLiving.co.za. “It’s a possibility we can’t ignore.” Others see it as a knee-jerk reaction to unregulated edibles flooding the market post-2018, though no major health crises have been reported.
Motsoaledi’s track record offers clues. Known for bold moves—like pushing the National Health Insurance (NHI) despite objections—he’s not afraid to ruffle feathers. In February 2025, he told the BBC that US cuts to HIV/AIDS funding were a “wake-up call” for South Africa to rely less on foreign aid, hinting at a broader self-reliance streak. Could the cannabis ban reflect a similar distrust of an untested industry? The Health Department hasn’t elaborated beyond safety concerns, leaving room for debate.
A Global Comparison
South Africa’s move bucks global trends. Canada, the US, and parts of Europe have embraced cannabis edibles, with strict regulations ensuring safety. In Canada, edibles were legalised in 2019 under the Cannabis Act, with pre-market approvals and THC limits. The US has seen a boom in hemp foods since the 2018 Farm Bill, with hemp seed oil sold in supermarkets. “Other countries regulate; we ban,” said Kiechel. “It’s a missed opportunity.”
Even in Africa, nations like Lesotho and Zimbabwe allow cannabis cultivation for export, cashing in on global demand. South Africa, with its climate and agricultural know-how, could’ve led the pack. Instead, the ban puts it at odds with progressive peers.
Legal and Economic Fallout
The backlash is building. The Dagga Union and other groups are vowing court challenges, arguing the ban contradicts the 2018 ruling and the 2024 Act. “To present a two-page document to the South African public out of the blue like that is certainly ripe for all sorts of shenanigans in court,” Clarke told IOL. Lawyers are circling, with constitutional rights and economic harm as key battlegrounds.
Businesses face immediate pain. Under the new rules, selling or making cannabis-infused foods is an offence, risking fines or jail under the 1972 Act. Stockpiles of hemp oil and edibles are now worthless, and farmers with hemp permits are stuck. “Hundreds of growers are in limbo,” said O’Donoghue. “They followed the rules, and now they’re punished.”
The Human Cost
Beyond the headlines, real people are hurting. Small vendors like Durban’s Sipho Ngcobo, who sold CBD cookies at markets, are out of business. “I started this to feed my family,” he said. “Now what?” Patients using hemp products for pain or anxiety—like Mokoena—face uncertainty. “It’s not fair,” she said. “They’re taking away something that helps us.”
The ban also clashes with South Africa’s health crisis. With 7.5 million people living with HIV (per UNAIDS 2024 data), cannabis-based relief could ease suffering. Motsoaledi’s focus on NHI and HIV funding cuts (he told Parliament in March 2025 that “Donald Trump doesn’t owe South Africa a cent”) suggests a packed plate—yet critics ask why he’s targeting a fledgling industry instead of supporting it.
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