In this compelling piece, attorney and Openfarms chairman Shaad Vayej unpacks South Africa’s sweeping 2025 ban on all Cannabis sativa L. food products – reflecting on its impact, contradictions, and missed opportunities.
On 7 March 2025, South Africa’s minister of health enacted a sweeping regulation under the Foodstuffs, Cosmetics and Disinfectants Act, banning the inclusion of any part of the Cannabis sativa L. plant – including non-psychoactive components such as cannabidiol (CBD), hemp seed oil, and hemp seed flour – in foodstuffs. This abrupt policy shift contradicts South Africa’s previous regulatory stance and places the country at odds with progressive global trends that increasingly recognise the economic, nutritional, and medicinal value of cannabis derivatives in food.
To appreciate the impact of this regulation, it is necessary to contrast it with South Africa’s prior legislative framework on cannabis products:
2019 CBD Exemption: The minister of health issued Government Notice No. 42477, temporarily exempting certain CBD preparations from the Medicines and Related Substances Act, 1965 (Act 101 of 1965). This allowed for the sale of products containing up to 20 mg of CBD per daily dose, provided they made only general health claims and contained minimal THC.
2020 Amendment to Medicines Act Schedules: Government Notice No. 586 (Gazette No. 43347) reclassified CBD as a Schedule 4 substance but retained exemptions for over-the-counter sales under specific conditions. Industrial hemp products with less than 0.2% THC remained legal for food and commercial use.
The Cannabis for Private Purposes Act 7 of 2024: Notably, while the act prohibits the exchange of cannabis between adults for consideration, the definition of cannabis excludes cannabis seeds and seedlings from its operation. This effectively meant that hemp seed was capable of lawful, commercial production and trade, more particularly under the auspices of the Plant Improvement Act in respect of production.
These prior regulations reflected a nuanced approach – acknowledging the distinction between psychoactive and non-psychoactive cannabis components while allowing for controlled inclusion in consumer markets. The 2025 regulation, however, disregards this differentiation, treating all cannabis derivatives uniformly and prohibiting their use in food entirely.
Consequences for businesses and consumers
The consequences of this policy shift are far-reaching.
Business disruption
Companies that have invested in hemp-based food products now face financial losses and potential litigation, as previously compliant products are now illegal. This affects manufacturers, retailers, and farmers who have aligned their operations with South Africa’s evolving cannabis industry.
More particularly, hundreds of hemp permits have been issued by the department of agriculture, where the vast majority of hemp cultivation is geared towards the production and associated off-take of hemp seed, cold-pressed hemp seed oil, seed cake and in some cases low-THC hemp flower which is used in the production of CBD products.
Without the option of valuable domestic consumption, hemp producers now face decreased demand for their crops and are forced to focus on export markets, potentially leading to large-scale surplus and resulting in lower prices for cash crops.
Missed economic opportunities
The global hemp food market is projected to grow exponentially, driven by increasing consumer demand for plant-based proteins and nutritional supplements. By banning hemp foodstuffs, South Africa effectively cuts itself off from local development of hemp-containing foods and as a result, a lucrative industry that could create a significant number of jobs and stimulate economic growth.
Consumer rights and access
The prohibition limits consumer choice, forcing the nation’s largest health retailers to pull hemp-containing foodstuffs off of shelves and individuals to seek alternative sources, potentially fueling a black market. It also disregards growing scientific evidence supporting the health benefits of hemp seeds and CBD, which are widely used in functional foods worldwide.
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How does South Africa compare to global trends?
Many leading economies have embraced hemp-derived food products, recognising their safety and economic potential. South Africa’s new policy starkly contrasts with international best practices:
European Union (EU)
The EU permits the use of hemp seeds in food without restrictions, as they are not classified as “novel foods” under EU Regulation 2015/2283. However, cannabinoid extracts (including CBD) require novel food authorisation before market entry.
United States (US)
The US Food and Drug Administration (FDA) recognises hemp seeds, hemp seed protein powder, and hemp seed oil as Generally Recognized as Safe (GRAS), allowing their inclusion in food products. However, CBD in food is still undergoing regulatory review.
United Kingdom (UK)
The UK follows similar guidelines to the EU, allowing hemp seeds and hemp oil in food while regulating cannabinoids under the novel foods framework.
Australia and New Zealand
Australia legalised hemp seed food products in 2017. The country imposes strict THC and CBD content limits but allows the sale of hemp seed oil, hemp flour, and other derivatives. New Zealand follows similar regulations.
Canada
Canada fully legalises hemp seeds and hemp oil in food, provided they contain less than 10 ppm THC. The country’s well-established regulatory framework supports a thriving hemp-based food industry.
Argentina
In 2023, Argentina amended its food code to legalise hemp seeds, permitting their use in foodstuffs with THC content below 1%. This move aligns Argentina with other progressive cannabis policies in Latin America.
Italy
Italy’s government is considering restrictions on hemp flower production, which could impact its €500 million industry. However, hemp seeds and derivatives remain legal in food products.
Why this ban is unjustifiable
The South African government’s justification for this ban remains unclear. The regulation does not align with evidence-based policymaking and contradicts the country’s previous recognition of hemp and CBD as distinct from high-THC cannabis.
While health authorities may argue concerns over consumer safety, the overwhelming body of scientific and international regulatory evidence supports hemp seeds and hemp oil as safe, nutritious food ingredients.
Furthermore, the prohibition goes against South Africa’s efforts to develop a competitive cannabis industry. Countries that have embraced hemp foodstuffs are reaping the economic benefits, while South Africa isolates itself with an outdated and excessively restrictive approach.
With this move, South Africa adopts one of the most restrictive cannabis food policies in the world, placing it even behind traditionally conservative regulatory jurisdictions such as the EU and Australia. Instead of advancing economic opportunities and aligning with international best practices, the government has imposed a backwards-looking restriction that harms businesses, limits consumer access, and contradicts prior regulations.
Finally, what of the statement made by President Cyril Ramaphosa in his latest Sona where he stated that the State wanted South Africa to be leading in the commercial production of hemp and cannabis?
If South Africa wants to position itself as a leader in the global cannabis market, this regulation must be reconsidered. Otherwise, the country risks falling behind in an industry where others are surging ahead.
- Shaad Vayej is an admitted attorney and chairman of Openfarms. The views and opinions expressed in this article are those of the author and do not necessarily reflect the views or positions of Food For Mzansi.
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