SA’s embrace of dagga gummies and other edible cannabis products has been enthusiastic, but a notification published in the Government Gazette has confirmed 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 Daily Maverick reports that there has been no further word from the Department of Health providing any context as to how or why the decision was made.

Department of Health spokesperson Foster Mohale said the ‘prohibition relates to foods containing cannabis only not cosmetics or other industrial uses of cannabis’.

He said there were a number of concerns with the use of cannabis in foods from a safety perspective.

‘Global best practice is to assess such products and authorise them for sale. So in the interest of public health safety of South Africans we want these products to be assessed by SAHPRA before being authorised for sale. Where these products exceed limits or make health claims then these products will be reviewed by SAHPRA. 

DM notes that the legal position of cannabis and related products in SA has been murky and loophole-filled since the groundbreaking 2018 Constitutional Court ‘Prince’ judgment decriminalised the use of marijuana by adults – but kept its sale illegal.

The 2024 Cannabis for Private Purposes Act regulated some aspects of possession and provided for the expungement of criminal records related to marijuana, but made no mention of edible products or hemp.

Attorney Paul-Michael Keichel, one of the few lawyers in SA specialising in cannabis legislation, said ‘just because something flies under the radar, or isn’t enforced, does not mean that it is legal’.

Full Daily Maverick report