Minister of health, Aaron Motsoaledi, says that his department will soon publish new draft regulations governing the sale of foods containing cannabis.
This follows the previous regulations outright banning these products being withdrawn in April.
The health department issued a wide-ranging ban in March 2025 on the import, manufacturing and sale of all foodstuffs containing cannabis and any of its derivatives.
The ban included Sativa, Indica, Ruderalis, hemp seed oil, or powder derivatives from the various species or sub-species.
However, the move was met with widespread backlash from experts and industries, most notably for banning cannabis derivatives that were not illegal, such as hemp, and moving South Africa’s opening up of the market backwards.
The move was also criticized for not involving public consultation. Following intervention from President Cyril Ramaphosa, the regulations were ultimately withdrawn.
Responding to a parliamentary Q&A this past week, Motsoaledi noted that the regulations were a prohibition order, which the department is empowered to announce without consultation.
This is in line with the Foodstuffs, Cosmetics and Disinfectants Act, he said.
Nevertheless, he said the department would draft new regulations and publish them for public comment “soon,” in line with the president’s intervention.
When asked why the prohibition is necessary, Motsoaledi said that the department had noted a number of incidents where children had consumed foods containing cannabis products.
These likely contained high levels of THC or CBD.
“In the best interest of the health of children, the department decided to prevent the sale of all foods containing cannabis through regulations,” he said.
The minister pointed to extensive research that concluded that cannabis is dangerous for a developing brain in children until the person is 25 years old.
“There have been numerous cases where children have become ill after consuming foods containing cannabis,” he said.
“These foodstuffs are presented in appealing presentations targeting children, such as chocolates, cookies, muffins, sweets, etc.”
The minister said that many of the foods are imported with claims that they contain cannabidiol (CBD) and/or have tetrahydrocannabinol (THC) in them, but there are no standards and no exact information.
“We have no idea about the exact amount of CBD or THC contained in these products and whether they should be classified as medicines and assessed by SAHPRA before authorization for sale,” he said.
Various experts have noted that, instead of outright banning these foodstuffs, the department should work at regulating the industry better and ensuring safety standards that way.
This would also require the government to accelerate the regulation of an industry that has been effectively decriminalized, especially for private use, without damaging businesses and potential growth.
Motsoaledi said that the department will draft new regulations around the import and sale of foodstuffs containing cannabis and derivatives for public comment soon.