Dr Aaron Motsoaledi says his legal department is working on a withdrawal notice for his controversial cannabis in foodstuffs ban. He says the ban was motivated by an urgent need for ‘the need for the regulation of cannabis and hemp-based food products to ensure consumer safety’.

Health Minister Dr Aaron Motsoaledi told News24 on 26 March 2024 that while his decision was aimed at protecting children who could fall prey to such products, he was "not disappointed about having to withdraw the regulations".

Cynics may say Dr Motsoaledi is also not disappointed to be facing a legal onslaught against the ban which could have seen him personally liable for damages and charged with criminal negligence. Instead he was rescued by President Ramaphosa's decision to overturn the ban halted all pending legal action against Government and opened up a process of stakeholder engagement.

Nonetheless, the Health Minister said the President was sympathetic to his discomfort about the potential harms of unregulated foodstuffs, particuarly in the cannabis space.

"The President actually understands, and he was also disturbed because he did not know that's what they are doing, especially when you see foodstuff with substances directed at children" said Dr Motsoaledi. "He said he's very disturbed but nevertheless, because of the nature of this whole thing of cannabis in the country, and the number of people involved, he still wants us to go on and persuade widely."

The Heath Minister has not yet apologized to stakeholders for his widely criticized ‘over-reach’ or explained exactly why the regulations were gazetted and why hemp was included.

Instead he has said attention was needed to ‘urgently address loopholes in the law while balancing health and economic considerations”.

Dr Motsoaledi said importers and manufacturers had taken advantage of a loophole in the law that prevented South African Health Products Regulatory Authority (SAHPRA) from regulating the products, as they were classified as foodstuff.

He said this created an influx of products from abroad that could not be managed at the borders.

"At the borders ... the Border Management Authority (BMA) asks [the importers] why are you bringing this product into our country, can you show us your Sahpra certificate? Then they say no, but Sahpra deals with medicines. This is not medicine, this is food," he said.

"Now, there's already a gap. You find this gap that they use to get foodstuff with cannabis into South Africa. That's why in response we used the Foodstuffs, Cosmetic and Disinfectant Act because that one is where food is controlled."

He said while he has to withdraw the regulations, he and the president agreed that there was a need for the regulation of such products. It is not clear when a withdrawal notice will be published. Motsoaledi said the department's legal team was working on it.

With the ban lifted, the sale of cannabis-infused food remains illegal with THC (tetrahydrocannabinol) and CBD (cannabidiol) above 20mg.

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