The Democratic Alliance (DA) and GOOD Party have criticised Minister Aaron Motsoaledi’s decision to ban cannabis-based foodstuffs in South Africa, arguing that it threatens the country’s growing hemp and cannabis industries and could have detrimental economic consequences.

Both parties are calling for President Cyril Ramaphosa to intervene and reverse the regulation, highlighting the potential harms to businesses, jobs, and public health.

The DA has opposed the ban, citing its potential to harm South Africa’s vibrant hemp sector.

With over 1,400 licensed cultivation businesses and 400 small businesses in the hemp industry, the DA warns that the ban could stifle job creation and economic growth.

Michele Clarke, DA spokesperson on Health, criticised the minister for bypassing necessary public consultations and imposing a decision "without delay".

Rather than imposing harmful restrictions, the government should be fostering growth and providing regulatory clarity for the cannabis and hemp industries.

She emphasised that the minister's actions "reflect a disturbing trend of ignoring alternative perspectives and solutions” and urged the government to support the hemp industry rather than stifle it.

Clarke also pointed to the global potential of the hempseed market, which was valued at over $5 billion in 2023 and is expected to grow.

She believes South Africa should capitalise on this opportunity, particularly as many countries, including the US, Canada, and China, have integrated hemp into their food industries.

“South Africa’s hemp industry is vibrant, with over 1,400 licensed cultivation businesses and 400 SMMEs, all creating jobs and contributing to the local economy. The ban, however, risks stifling growth in this sector.

''By stifling this industry with an arbitrary and ill-considered ban, Minister Motsoaledi is undermining an important economic sector. This regulation will discourage local innovation, diminish South Africa’s competitive advantage in a rapidly growing global market, and ultimately harm the thousands of businesses and workers relying on the expansion of this sector.''

Brett Herron, secretary-general of the GOOD Party, expressed concerns about the lack of a comprehensive policy framework to regulate South Africa’s cannabis industry.

Since the Constitutional Court decriminalised cannabis use in 2018, but not its sale, Herron argues that the absence of clear regulations has placed the livelihoods of up to a million South Africans at risk.

He urged Ramaphosa to expedite the National Cannabis Masterplan (NCMP) and called for an immediate halt to the ban on cannabis-based edibles.

“Incoherent decriminalisation does not work. Users of edible cannabis products have the right to know that what they consume is safe, which requires regulations, not a ban. Driving the industry underground does not enhance safety but achieves the opposite,” Herron said.

He warned against a return to policies that drive the cannabis industry underground, emphasising the need for regulations to ensure safety and transparency for consumers of edible cannabis products.

“Without policy coherence regulating sales, it becomes difficult for the likes of the Minister of Health to regulate the sale of edible products – and affords him the gap for their total ban. Not to mention that it borders on lunacy for the President to trumpet the future of an industry (cannabis’ cousin, hemp), only for one of his Ministers to ban its products which have been sold in mainstream stores for years,” he said.

Both parties criticised the lack of coherent policy to regulate the sale of cannabis and hemp products, which has resulted in an industry rife with uncertainty.

Herron pointed out that the decriminalisation of cannabis has left traditional cannabis-growing communities in regions like the Eastern Cape and KwaZulu-Natal excluded from economic opportunities.

He argued that without clear regulations, the sale of cannabis products will remain disorganised, with the potential for further harm to the industry and its stakeholders.

“The elephant in the room is the absence of policy to regulate the sale of cannabis and/or hemp products,” Herron said, calling the lack of regulation an obstacle to the industry’s growth and sustainability.

Speaking to IOL, Foster Mohale, Department of Health spokesperson, clarified the government’s position, stating that the prohibition is not a complete ban, but rather pertains to the sale of foods containing cannabis.

“The prohibitions relate to the sale of foods containing cannabis as per the Act relating to food, cosmetics, and disinfectants. The prohibition relates to foods containing cannabis only, not cosmetics or other industrial uses of cannabis,” Mohale explained.

“There are a number of concerns with the use of cannabis in foods from a safety perspective. Global best practice is to assess such products and authorise them for sale. So, in the interest of public health safety of South Africans, we want these products to be assessed by SAHPRA before being authorised for sale.”

According to Mohale, the department’s role is to protect South Africans from the risks of adverse events linked to foods, which is the primary goal of the prohibition.

Mohale insisted it was not a ban, rather a prohibition, but essentially, they mean the same thing.

“The notice is not a ban, but a prohibition of cannabis in foods as per the food act. There is opportunity for the product to be sold after SAHPRA approval,” he said.

He also noted that the Medicines Act allows for the sale of cannabis in edibles where the product makes a health claim or exceeds limits for active ingredients, provided that the applicant is approved by SAHPRA.

hope.ntanzi@iol.co.za

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