The Cannabis Trade Association Africa is to file an interdict against the Health Minister’s ban on hemp foodstuffs and says he should face criminal charges for his ‘reckless and unscientific’ action which has had a devastating effect on the fledgling hemp sector and blown apart South Africa’s cannabis reform programme.

The full extent of Dr Motsoaledi’s shock decision to ban cannabis-infused foodstuffs is still to be felt but already it’s becoming apparent that it will have a crippling effect on hundreds, if not thousands of legitimate businesses who have legally been trading in hemp foodstuffs, many for over a decade.

The controversial regulations to the Foodstuffs, Cosmetics and Disinfectants Act were published on 7 March 2025, prohibiting the sale, importation and manufacturing of foodstuffs containing ingredients derived from cannabis, hemp, hemp seed oil or hemp seed flour.

Now the legal challenges to the ban are beginning to take shape, with at least two interdicts being prepared, one by Hennie Venter on behalf of a number of growers, and secondly by the Cannabis Trade Association Africa.

Business Times reported on 23 March 2025 that the CTAA, along with other organisations, had decided to file an urgent interdict against the ban, citing gross regulatory overreach and economic harm.

CTAA chair Tebogo Tlhopane said the CTAA firmly believed government officials responsible for such flawed policy decisions should be held personally liable.

“We are pursuing legal action to impose punitive costs on these individuals in their personal capacity to prevent the continued waste of government and taxpayer money on fighting nonsensical and economically destructive laws” he said.

“The reasons given by department heads for this ban lack any credible scientific basis and reflect a complete disregard for global regulatory standards. Such reckless and irrational decision-making cannot be left unchallenged,”

CTAA founder Anthony Cohen, said the ban would put thousands of jobs on the line.

“There is a huge industry push to push back on the Minister, and there are a few organisations, of which the CTAA is just one. He is going to have his hands full. It could be construed as criminally negligent what the minister has done, and he needs to be charged or fired,” he said.

 The CTAA said the ban was a major setback for South Africa’s emerging hemp industry, which has been steadily aligning itself with global best practices in regulation and commercialisation.

During his SONA in February, President Cyril Ramaphosa said South Africa could significantly expand the agricultural sector to position itself as a leader in the commercial production of hemp and cannabis.

Cohen said the ban went against all this, while ignoring scientific evidence, limiting consumer choice, and undermining economic opportunities for local farmers and businesses. While the rest of the world moves towards regulation, South Africa is moving backwards, he said

“It’s 100% against what the president, the department of trade, industry and competition, the department of agriculture, and other ministers have been trying to achieve. So, I think it is either [Motsoaledi] has bitten off more than he can chew, or he does not understand what he’s doing in the first place.”

The government’s work concerning cannabis has been transferred to the department of agriculture and the department of trade, industry and competition. However, neither of these departments were aware of the upcoming ban, Cohen said.

The CTAA has urged the health department to engage with stakeholders to develop a modern, science-backed regulatory framework,  instead of “imposing outdated and prohibitive measures that stifle progress”.

At the time of going to press, 18 days after the ban was gazetted, the Minister of Health is still to make an official statement explaining the reasons for the ban and how he is going to respond to the stakeholder outrage he has unleashed.

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