South Africa’s health ministry has withdrawn controversial new regulations that would have imposed a blanket ban on food products containing any part of the cannabis plant, including hemp-derived ingredients such as hempseed oil and hempseed flour.
The reversal follows backlash from industry stakeholders after South Africa’s Minister of Health Aaron Motsoaledi announced the rules earlier this month, reflecting policy at odds with those of President Cyril Ramaphosa, who has touted hemp’s potential.
In a statement, presidential spokesman Vincent Magwenya affirmed Ramaphosa’s support for further consultation and public participation in the regulatory process, calling for balanced rules that limit health risks while capitalizing on hemp’s economic opportunities.
Good riddance
The now-withdrawn regulations, published earlier this month under the Foodstuffs, Cosmetics, and Disinfectants Act, prohibited the sale, importation, and manufacture of any foodstuffs containing hemp or cannabis-derived ingredients. Specifically, the regulations stated: “No one may sell, manufacture or import, processed or unprocessed, foodstuff containing (a) any part of the plant or component from the genus Cannabis which includes C. sativa, C. indica, and C. ruderalis, or (b) hemp seed oil or powder from any component derived from the genus Cannabis sativa L, and various species or sub-species in the genus Cannabis sativa.”
‘Continue to consult’
“The Department of Health will continue to consult broadly before publishing the revised regulations,” the government said in the statement.
With the regulations now rescinded, the Department of Health will return to consultations with industry players and other stakeholders before finalizing a new regulatory framework. Industry representatives have urged the government to adopt a science-based approach that distinguishes between non-psychoactive hemp products and intoxicating cannabis derivatives to avoid unnecessary disruptions to the market.
The sudden policy shift had left many in the sector scrambling for clarity, with legal challenges looming before the government withdrew the regulations. Industry representatives argued that it directly contradicted South Africa’s previous commitments to developing the cannabis and hemp industries, and would be a step backward for a sector that President Ramaphosa had championed.
‘Re-criminalization’? No
Hemp advocates also noted that hundreds of government-issued hemp cultivation permits, primarily for food-related hemp seed production, would have been rendered meaningless by the regulations.
Legal experts warned that the regulations would have criminalized previously legal activities and disrupted businesses already operating under existing health product exemptions.