South Africa To Release New Cannabis Food Regulations After Backlash
South Africa is on a short list of countries that have adopted national adult-use cannabis legalization measures, along with Uruguay, Canada, Malta, Luxembourg, and Germany. Courts in other nations have rendered decisions providing consumers and patients some level of protection, however, the previously mentioned list contains the only countries to pass national recreational legalization measures that go beyond low-THC.
Back in March of this year, the Department of Health in South Africa announced a complete ban on cannabis and hemp-derived ‘foodstuffs.’ The announcement was met with considerable outcry from the public and members of South Africa’s emerging legal cannabis industry, resulting in the ban being rescinded.
This week, South Africa’s Health Minister Aaron Motsoaledi reportedly announced that the government department he oversees will publish draft regulations for the sale of cannabis-infused foods soon.
“The initial ban faced significant criticism from experts and industry leaders, particularly for prohibiting cannabis derivatives like hemp, which were not illegal.” reported Business Insider Africa in its local coverage. “Following intervention from President Cyril Ramaphosa, the controversial regulations which have been condemned for lacking public consultation, were ultimately rescinded.”
It is unclear at this time what the new regulations will specifically contain. South Africa’s President signed a limited adult-use cannabis legalization measure into law back in May 2024.
“President Cyril Ramaphosa has signed into law the Cannabis for Private Purposes Act (“CfPPA”). The CfPPA regulates the cultivation, possession, and use of cannabis by adults in a private setting.” The President’s office stated in a press release at the time.
“The consequent regulatory reform enabled by the CfPPA will, amongst others, entirely remove cannabis from the Drugs and Drug Trafficking Act. This will further enable amendment of the Schedules to the Medicines and Related Substances Act and provide for targeted regulatory reform of the Plant Breeders Rights Act and the Plant Improvement Act, as well as other pieces of legislation that require amendment to allow for the industrialisation of the cannabis sector.” the press release also stated.
Back in 2018, South Africa’s Constitutional Court issued a landmark ruling that deemed cannabis prohibition as it pertained to adult individuals to be unconstitutional. The 2018 decision stemmed from a lower court decision in the Western Cape in March 2017, which determined that a ban on cannabis use by adults at home was unconstitutional.
The 2018 decision in South Africa left many unknowns, including how much cannabis a person could cultivate and possess in a private setting. The Court largely punted many policy decisions to lawmakers, with the lawmaking and regulatory processes experiencing several delays before South Africa’s President signed the legalization measure into law roughly one year ago.