South Africa’s cannabis industry is in turmoil after the Department of Health unexpectedly prohibited the sale, importation, and manufacture of cannabis-infused food products as well as hemp seed oil and hemp seed flour.
The Department of Health gazetted a notice under the 1972 Foodstuffs, Cosmetics and Disinfectants Act prohibiting the sale, import or manufacture of all foodstuffs – commonly known as edibles – containing any part of/component derived from the cannabis and/or hemp genus, Cannabis sativa L.
The notice also applies to hemp seed oil and hemp seed flour with ingredients derived from Cannabis sativa L.
The notice states: “No one may sell, manufacture, import processed or unprocessed foodstuff containing – any part of the plant or component from the genus Cannabis which include C. sativa, C. indica, and C. ruderalis, or 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 L.
The notice said anyone found to be selling, importing or manufacturing foodstuff containing the prohibited substances would be guilty of an offence and liable on conviction to a fine or imprisonment.
The decision has left Durban business owners worried about the impact on their businesses and potential job losses. However the Department of Health said the aim of the notice was to introduce a process whereby these products can be vetted and are regulated through the South African Health Products Regulatory Authority (Sahpra).
Department spokesperson Foster Mohale said: “The Department of Health is committed to ensuring the safety of South African consumers, especially in light of concerns over cannabis in food products.
“Currently, South Africa’s food control legislation under the Foodstuffs, Cosmetics and Disinfectants Act does not provide for the pre-market approval of food containing cannabis. This is why we are introducing a process through the South African Health Products Regulatory Authority to assess such products before they can be sold,” he said.
Mohale said the notice would require manufacturers to disclose the amount of cannabis in food products, allowing consumers to make informed choices. “The aim is to regulate the use of cannabis in foodstuffs and ensure that these products are safe for consumption.”
For Greenhouse 420, a cannabis retailer in Durban with three stores, the Health Department’s prohibition notice threatens not only revenue but also jobs.
“We might lose the business. The cannabis industry was evolving and moving forward, but this is a huge step back, and it is disappointing,” a company representative said.
The company, which operates with a licence, is baffled by the decision. “We are registered, and I don’t understand what impact banning edibles will have.”
Cannafrica uMhlanga, another retailer, believes the ban will hit small businesses the hardest, particularly those that manufacture edibles.
“Small companies will get affected the most. We get our edibles through the supply chain, but at the moment, we have none in-store. Business will carry on as usual, but eventually, edibles will be back. It’s part of the process of having rules and regulations,” the business said.
They compared the situation to past regulatory changes in the vape, cigarette, and alcohol industries, suggesting that cannabis edibles may eventually return under a different regulatory framework.
For Xpress Pineapple, the ban comes at a devastating time. “We used to have five employees, and now we have one. If this compels us to close down, that person may lose their job,” the owner said.
Beyond direct sales, the ban would also affect businesses in the broader cannabis supply chain, including advertising agencies and influencers, the business owner said.