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Contentious cannabis regulations to be withdrawn

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By Amy Musgrave

Health Minister Aaron Motsoaledi will withdraw a ban on the sale, importation and manufacturing of foodstuffs containing cannabis, hemp, hemp seed oil or hemp seed flour. 

This follows various objections over the ban, with warnings that it will have dire consequences on job creation and economic development related to the sector.

President Cyril Ramaphosa has instead decided on more stakeholder consultation and public participation on the formulation of new regulations that will limit health risks 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,” the Presidency said in a statement.

“The Department of Health will continue to consult broadly before publishing the revised regulations.”

Ramaphosa said in his recent State of the Nation Address that the South African government aimed to lead the way in commercially producing hemp and cannabis. 

“We are making sustainable use of the rich abundance of the South African earth. By supporting our farmers, improving our logistics network and rural supply chains, and opening new export markets for products we can significantly expand our agricultural sector. We want South Africa to be leading in the commercial production of hemp and cannabis,” the president said.

However, Motsoaledi imposed the ban under regulations that fall under the Foodstuffs, Cosmetics, and Disinfectants Act.

The department issued a notice in the Government Gazette earlier this month. The ban applies to any part of the plant or component of cannabis, including Sativa, Indica, Ruderalis, hemp seed oil, or powder derivatives from the various species or sub-species.

Any person who is found guilty of breaking the law may be liable for a fine or imprisonment.

Those opposing the ban have included the Western Cape government and pro-cannabis groups, with some saying that while they understand the need for safety regulations, the department had gone too far.

Western Cape agriculture, economic development and tourism MEC Ivan Meyer said last week that according to the government’s own estimates, the cannabis industry in South Africa has potential size of R28 billion, with the capacity to create 10,000 to 25,000 jobs across the value chain.

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