(Graphic: John McCann/M&G)
The government has withdrawn a controversial cannabis ban, three weeks after it was implemented, acknowledging the need for consultation with stakeholders and the public on the proposals.
The department of health had quietly effected the ban on the sale, import and manufacturing of all foodstuffs containing parts of the cannabis plant, including hemp, on 7 March, triggering a backlash from several organisations, which called the move unconstitutional because there had been no prior public consultation.
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Friends of Hemp South Africa is no longer going ahead with the litigation it had planned in response to the now withdrawn ban but some individual companies might still take legal action for losses incurred while it was implemented, Bam said.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.
The withdrawal is a “critical win for logic, legality and livelihoods”, said Tebogo Thlopane, chairperson of the Cannabis Trade Association Africa. “But we remain on high alert. The industry cannot afford policy volatility. We need regulatory certainty, backed by science and common sense.”
In a statement, the association called for the permanent withdrawal of outdated regulatory references, including the 1972 Foodstuffs Act in its current form; immediate industry-government engagement on safe, regulated frameworks for cannabis and hemp-based foods and for the protection of businesses and livelihoods disrupted by “irrational regulations”.
The rights group, Free SA, said the regulations were implemented in violation of the Foodstuffs Act, stressing: “The government cannot pass sweeping, punitive regulations without consulting the public.”
Spokesperson Reuben Coetzee said the foundation would continue to “closely monitor the situation to ensure that the minister’s commitment is honoured and that the withdrawal of the unlawful regulations is formally gazetted without delay”.