By Maile Matsimela
The South African Cannabis and Hemp Industry Development Association (SACHIDA) has reacted with shock to health minister Aaron Motsoaledi’s recent ban relating to the prohibition of the sale, importation and manufacture of foodstuffs containing any part of the plant or component derived from the genus Cannabis sativa L., hemp, hemp seed oil or hemp seed flour, as published in Government Gazette No. 52227 on 7 March 2025.
The decision to ban the manufacture, sale and importation of hemp-derived food products has significant and far-reaching consequences for an industry that has been working closely with multiple government departments to develop sustainable solutions for economic growth, food security and rural development.
SACHIDA chairman George Kgopotse says they have obtained legal opinion on this matter, and this regulation contradicts both the Cannabis for Private Purposes Act and Section 36 of the Constitution of South Africa.
“These legal frameworks provide a clear pathway for the regulated use of cannabis and hemp, and the new prohibition is not only inconsistent with them but also appears unjustifiably restrictive,” he said.
Kgopotse argued that the minister’s actions are hindering economic growth and job creation as the hemp industry is positioned to contribute substantially to South Africa’s GDP, create employment and generate revenue through taxation, aligning with the government’s commitment to economic transformation and poverty alleviation.
“We are concerned that the minister is undermining national food security efforts as hemp-based superfoods have been scientifically validated as highly nutritious and effective in addressing malnutrition. Notably, research conducted by the Council for Scientific and Industrial Research (CSIR) has demonstrated the efficacy of a hemp-based nutritional supplement developed to combat child malnutrition in primary schools.
“The minister is also contradicting government-led industrialisation efforts as the Department of Trade, Industry and Competition (DTIC), Gauteng Department of Agriculture, Rural Development and Environment (GDARDE), and numerous research institutions have been actively involved in supporting the development of hemp-based products. This prohibition undermines years of investment and innovation in local value-addition initiatives, forcing South African businesses to revert to a raw material export model, benefiting foreign economies at our expense,” explains Kgopotse.
Furthermore, Kgopotse says it is concerning that this decision was taken without any consultation with key stakeholders, despite the direct impact on thousands of small-scale farmers, food producers, entrepreneurs and the public.
“Regulatory decisions of this magnitude require an inclusive and transparent approach to policymaking, as enshrined in South Africa’s governance principles and we request for review and industry consultation,” said Kgopotse.
He emphasised that given the profound impact of this regulation, they respectfully request an urgent meeting with the minister to discuss its implications and explore potential amendments.
“We further request that a clear and evidence-based justification be provided for the prohibition of hemp-based food products, particularly considering that hemp has been safely consumed for decades in South Africa and globally.
“The scientific research conducted by the CSIR and other institutions on the safety and nutritional benefits of hemp foods must be acknowledged in regulatory discussions, and a moratorium on enforcement of these regulations be considered until meaningful stakeholder engagement has taken place,” remarked Kgopotse.
The association again requests the minister considers the justified outcry from the public and industry to avoid litigation, as this prohibition may not withstand legal scrutiny given its contradictions with existing laws.
“We remain committed to collaborating with the government to develop balanced regulations that protect public health while fostering economic growth, innovation and food security,” concludes Kgopotse.
Also read:
• Minister Motsoaledi to lift ban on cannabis treats
• More fire! Talks of legal action to challenge cannabis ban
