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Cannabis Edibles: Sneak Preview of the Proposed Regulations Presented to Parliament

Almost a year to the day that the Minister of Health shocked the cannabis community with his hemp foodstuff ban, the SAMRC has unveiled its recommendations for how cannabis edibles should be regulated. On the cards is a THC potency tax, strict serving guidelines, marketing restrictions and oversight by a specialist body.

The Department of Health (DoH) called on the South African Medical Research Council (SAMRC) to come up with an evidence-based set of regulations that would govern cannabis foodstuffs, more popularly known as edibles.

 

The SAMRC guidelines, which were presented last September to the inter-ministerial committee guiding the NCMP last year, were unveiled to the Parliamentary Portfolio Committee on Trade, Industry and Competition (TIC) on 6 March 2026 during a series of presentations on cannabis commercialization recommendations.

 

Introduced by DoH deputy director general Dr Anban Pillay (Editors note: yes, the same Dr Pillay who told Parliament in 2022 that cannabis had no nutritional value, and somehow survived his involvement in the Digital Vibes health marketing fund scaml for which he served a three month suspension), the SAMRC’s researchers took MP’s and senior government officials on a tour of the edibles landscape and how it should be regulated.

Edibles – Not Easy to Regulate

 

SAMRC DDG for Mental Health, Alcohol and Substances, Professor Nadine Harker, said regulating edibles was like handling a prickly pear, difficult and dangerous.

 

She said edibles could be defined as cannabis products for ingestion, including food, cooking ingredients, tinctures, dietary supplements, drinks and teas, sweets, gummies, cookies, candy, chocolates and capsules that could either be home-made or commercially prepared.

 

She also stressed that edibles differed between psychoactive (THC) and non-psychoactive (CBD, hemp seed oil, hemp seed flower) types. There was also variability in ingredients such as the nutritional value of hemp seeds and the medicinal benefits of CBD.

 

The concerns relating to THC edibles were:

·     overconsumption and toxicity;

·     mental health symptoms;

·     physical health conditions;

·     increased tolerance which could lead to cannabis use disorder.

 

“With THC edibles, the effects are different from smoking cannabis as they had a delayed onset and longer-lasting psychoactive effects” said Professor Harker.

 

She took the Committee through the risks in more detail based on evidence, primarily from the US and Canada, and stressed that more research was needed locally as South Africa was a middle-income country.


Public Must Know: Start Low Go Slow

 

Her colleague, SAMRC substance expert, Tara Camey, said that legalization would probably lead to an increase in poisoning incidents as this had been the case in other countries that had legalized cannabis. Over-dosing on edibles was a consistent problem because of how long they took to take effect, and for this reason it was important to have a public awareness campaign to highlight the importance of correct dosing.

 

She suggested MP’s acquaint themselves with the Leafy Guide to Edible Dosages and said legalization would bring a lot of newcomers into this space and they had to understand the mantra of ‘start low, go slow’.

 

She said there needed to be inbuilt protection for vulnerable groups such as children, young adults, people with co-morbidities, pregnant and lactating women and the elderly, as consumers of edibles were prone to over-dosing themselves.

 

The elderly, said Camey, were a vulnerable group not because of the effect of edibles themselves but from injuries sustained from falling over, an age-related risk that could be heightened by over-ingestion.

 

SAMRC Recommendations to Regulate Cannabis Edibles

 

Legal Framework: Develop a separate edibles framework aligned to the Cannabis for Private Purposes Act – either a a separate set of regulations or included within the Act. The rationale is that it would align with international norms and provide legal clarity. More legal input is needed.

 

THC Potency Limits: Cap THC at 5 mg minimum per serving, and 10 mg as max. One package would be limited to 100 mg THC. This reduces risks such as over-dosing and addresses homogeneity requirements such as consistency. It also is in alignment with Canadian and US regulations.

 

Child Resistant Packaging: The main aim is to prevent children accidently ingesting which would require child-resistant, tamper-evident and plain packaging, with glamourising and/or use of cartoon characters being a strict no-no.

 

Labelling: Mandatory clear labelling of THC/CBD content and ingredients, health warnings, no dietary or health claims, poison control contact details, and the requisite that it is clearly labelled as cannabis. The rationale is to support informed use and emergency response.

 

Product Testing: Third party testing for potency and contaminants, inclusive of other substances such as alcohol, nicotine and energy drinks.

 

Recommended Serving Sizes, Mandatory on Packaging

 

One Serving Size: 3 x standard units of THC, 10 mg THC, 80% THC

Half Serving Size: 1 x standard unit of THC, 5 mg THC, 40% THC

Quarter Serving Size: 0,5 x standard unit of THC, 2,5 mg THC, 20% THC

 

Key Recommendations

 

Regulatory Board: The establishment of a body to monitor sales of edibles products, ensure products are sold by authorized/licensed retailers – and to prevent excessive amounts of THC in products.

 

THC Potency Taxation: A higher tax based on THC strength would incentivize lower potency options, and discourage the production and consumption of ultra-high THC products, nudging consumers towards lower-risk alternatives.

 

Monitoring and Enforcement: Establish a national registry as has been done in Thailand, and inspection system for edibles producers to ensure compliance and accountability.

 

Marketing/Advertising Practices: Enforce strict marketing bans and promotional standards, perhaps even a total ban on celebrity endorsements or lifestyle branding in order to minimize youth appeal. This is to discourage irresponsible consumption and the targeting of children, teenagers and young adults.

 

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