The South African Department of Health's unexpected ban on cannabis edibles raises questions about the future of the country's burgeoning cannabis economy.
Image: Pexels
In a shocking move, the Department of Health has quietly banned the production and selling of cannabis and hemp-derived foodstuffs in South Africa.
This unexpected turn of events contradicts the government's decriminalisation of cannabis by the Constitutional Court in recent years.
This decision, announced just days earlier, will jolt and confuse the country's growing cannabis economy, and entrepreneurs, businesses, and even consumers are sure to be up in arms in seeking answers from the government and Health Minister Aaron Motsoaledi.
"Regulations 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," the gazette states.
The government has banned the making and selling of cannabis edibles and other products.
Image: Screenshot
The minister imposed this under the regulations that fall under the Foodstuffs, Cosmetics, and Disinfectants Act (1972).
"A minister is criminalising conduct that was previously not criminalised using powers derived from an arguably unconstitutional statute," said senior legal researcher, Dan Mafora.
Mafora also shared a post from his Medium blogging platform in which he questioned the power that ministers have. He wrote: "No Minister, acting under Parliament's delegated authority in terms of an Act of Parliament, has the power to create new offences. South Africa is founded on the rule of law (section 1(c) of the Constitution) and although the country is in a time of crisis and charting unknown territory, the Constitution is not suspended."
In the State of the Nation Address (SONA) in February, President Cyril Ramaphosa said the government aims for South Africa to spearhead the commercial production of 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," Ramaphosa said.
IOL
Get your news on the go, click here to join the IOL News WhatsApp channel.