INTRODUCTION
The Health Products Association (referred herein as HPA) represents the interests of health products and wellness industries in South Africa, advocating for consumer access to safe, effective, and scientifically supported products.
This Position Paper presents the views of the HPA regarding “REGULATIONS RELATING TO 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” published on 7 March 2025 and signed by the Minister of Health.
The above ban has raised significant concerns throughout industry, business and communities in South Africa. While the move was likely made under the premise of public health, it stands in stark contrast to the growing global acceptance of hemp’s health benefits and its potential as a key economic driver in South Africa’s future.
The HPA supports the broader food control and safety agenda of the Food Control Directorate within the DOH to ensure the safety of foodstuffs under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972) in South Africa. However, we believe that without compromising on safety, it is possible to find a solution which will allow businesses in this industry to continue to flourish, providing consumers continued access to this rich source of nutrients and proteins.
In this position paper, we consider the relevant legal frameworks, current regulations, and the broader socio-economic implications of the complete prohibition, and advocate for a more balanced, evidence and risk-based approach.
LEGAL CONTEXT
Chemotype I cannabis and hemp (types II, III, IV, V) are both Cannabis sativa, and contain the psychoactive component tetrahydrocannabinol (THC) typically with unique phytochemical compositions and uses1. Cannabis cultivars are often characterised by their THC/CBD ratio2.
Marijuana (Cannabis sativa L. ssp. indica) is a related species with a high psychoactive delta-9-tetrahydrocannabinol (THC) (up to 20% dry weight).
Hemp (Cannabis sativa L. ssp. sativa) has been recognized for centuries as a multifaceted agricultural crop with lower total THC concentration – of 0.2% or less on a dry weight basis3.
The Cannabis for Private Purposes Act 7 of 2024 (referred herein as Cannabis for Private Purposes Act) was signed into law on 28 May 2024. This Act establishes a legal framework for the use, possession, and cultivation of cannabis in the privacy of one’s home. The use of cannabis in a public space, as well as the distribution of cannabis for commercial and recreational purposes, remains illegal and constitutes a criminal offence.
Hemp, on the other hand, is an agricultural crop under the Plant Improvement Act 53 of 1976 (replaced by the Plant Improvement Act 11 of 2018), referred herein as the Plant Improvement Act4. The Guidelines for Hemp (low THC Cannabis) for Cultivation for Agricultural And Industrial Purposes (HP-GD-001), under the Plant Improvement Act, define Hemp as “low THC plants or parts of plants of Cannabis sativa L. cultivated for agricultural or industrial purposes, of which the leaves and flowering heads do not contain more than 0,2% THC”.
It is essential to note that in the Government Notice No. 586, Government Gazette No. 43347, issued on 22 May 2020, the Minister of Health amended the Schedules as follows:
- Previous entries for cannabis, dronabinol, and tetrahydrocannabinol in Schedule 7 were deleted.
- Cannabidiol (CBD) is listed in Schedule 4, except in complementary medicines containing no more than 600 mg cannabidiol per sales pack, providing a maximum daily dose of 20 mg of cannabidiol, and making a general health enhancement, health maintenance or relief of minor symptoms (low risk) claim; or processed products made from cannabis raw plant material intended for ingestion containing 0,0075 percent or less of cannabidiol where only the naturally occurring quantity of cannabinoids found in the source material are contained in the product.
Products that meet these listed conditions will instead be regulated as Schedule 0. - (-)-transdelta-9-tetrahydrocannabinol (THC) is listed in Schedule 6, except –
in raw plant material and processed products manufactured from such material, intended for industrial purposes and not for human or animal ingestion, containing 0,2% percent or less of THC.
or
processed products made from cannabis containing 0,001% or less of THC.
or
when raw plant material is cultivated, possessed, and consumed by an adult, in private for personal consumption.
These amended schedules under the Medicines and Related Substances Act 101 Of 1965 (referred herein as the Medicines Act), provide explicit control mechanisms as defined scheduling status by South African Health Products Regulatory Authority (referred herein as SAHPRA) for the regulation of medicinal cannabis. Certain CBD-containing Complementary Medicine products with stipulated 20mg daily dose limits and 600 mg maximum pack sizes are classified as Schedule 0 medicines. Other CBD-containing products with daily dose over 20mg and maximum pack size over 600mg are classified Schedule 4 medicines.
Cultivation of Medicinal Cannabis must be licensed by the South African Health Products Regulatory Authority, also under the provisions of section 22C(1)(b) of the Medicines and Related Substances Act 101 of 1965.
The Cannabis for Private Purposes Act, the Medicines Act and the Plant Improvement Act have all clearly defined and specified the psycho-active tetrahydrocannabinol (THC) as the critical ingredient of safety concern and have control measures with defined concentration limits for the various risk categories. Cannabidiol (CBD) on the other hand, has a lower risk, and control measures are clearly defined in the Medicines Act.
The HPA acknowledges the responsibility for regulating food products lies with the Food Directorate within the Department of Health. The Minister of Health has exercised his authority under Section 15 (1)(b)(e)(g) of the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (referred herein as the Foodstuffs Act) to make regulations pertaining to matters related to foodstuffs, cosmetics, and disinfectants and to protect public health and safety by prescribing and prohibiting any foodstuff or substance deemed to be harmful or injurious to human health. In addition, the Minister has applied Section 15 (7)(b) for swift action in the public interest, bypassing the usual period of public comment.
However, this complete prohibition on the remains misaligned with broader global regulatory precedents on hemp products as safe, nutritious, and beneficial for health.
NUTRITION
Numerous studies have demonstrated that hemp seeds, oil, protein, and flour are safe for human consumption and provide significant nutritional benefits5. Hemp seed oil, hemp protein, and hemp seed flour offer valuable nutrients such as omega-3 and omega-6 fatty acids, essential amino acids, and high-quality plant-based protein6.
Hempseed oil is predominantly composed of polyunsaturated fatty acids (PUFAs), with linoleic acid (omega-6) and alpha-linolenic acid (omega-3) being the most abundant. The omega-6 to omega-3 ratio typically ranges from 2:1 to 3:1, which is considered optimal for human health. Additionally, hempseed oil contains gamma-linolenic acid (GLA) and stearidonic acid (SDA), beneficial metabolites of these essential fatty acids.
Hemp seeds contain approximately 25% protein, featuring two main types: edestin and albumin. These high-quality storage proteins are easily digestible and provide all essential amino acids, with particularly high levels of arginine, which supports cardiovascular health.
Hemp seeds are also a good source of various vitamins and minerals, including vitamin E, phosphorus, potassium, sodium, magnesium, sulfur, calcium, iron, and zinc7.
Hemp-derived foods sources including seeds, oil, protein, and flour contain non-detectable levels of THC8.
The HPA believes that denying consumers access to these health-promoting products limits their personal choices for improving and maintaining health.
ECONOMIC IMPLICATIONS ON INDUSTRIAL SECTOR AND CONSUMERS
The complete prohibition undermines South Africa’s commitment to fostering a robust hemp and cannabis industry, as highlighted by President Cyril Ramaphosa’s ambitious economic reforms outlined during his 2022 State of the Nation Address and repeated in his recent 2025 SONA9 10. Operation Vulindlela, aimed at driving economic activity in the hemp sector, underscores the government’s vision of South Africa leading the world in hemp production, with 130 000 new jobs projected to be created in the sector. This initiative is a critical component of South Africa’s efforts to tap into the global hemp and cannabis market, which is expected to grow significantly.
The Department of Agriculture, Land Reform, and Rural Development (DALRRD) has been tasked with creating a Cannabis Masterplan11, which aims to unlock the economic potential of hemp and cannabis in South Africa. With over 900 000 small-scale farmers growing cannabis, this sector is positioned to be a key driver of economic growth, rural development, and job creation.
The HPA cautions that this ban is likely to have serious ramifications for the many companies providing these products, the people they employ and the overall economic benefits to the country.
It also limits consumer choice, depriving individuals of access to nutritious, non-psychoactive hemp-based products that have been shown to contribute positively to health and wellness.
GLOBAL REGULATORY PRECEDENTS AND CANNABIS REFORMS SUPPORT FOOD SAFETY
The global hemp food market is growing rapidly, providing economic opportunities for farmers and food producers. Hemp is a sustainable agricultural crop that requires minimal pesticides and water, making it an environmentally friendly food source12.
Hemp is increasingly recognized as safe for consumption and nutrition. Subjective concerns over THC in hemp foods are not supported by scientific evidence13. Many countries, including the United States, Canada, and several European nations, have already embraced hemp-based products, as part of a growing market for natural and sustainable food source.
Many countries have established regulatory frameworks based on scientific evidence on food safety, with regulatory controls on THC limits that permit the consumption and use of hemp derived foods14. These Hemp-derived foods are required to comply with strict food safety standards in regulated markets15.
RECOMMENDATIONS
Regulation of hemp must consider the differential concentration of THC across various morphological parts of the Cannabis sativa L. plant. The distribution of THC lies in the glandular trichomes, and the associated small leaves where THC and other cannabinoids are produced and stored.
The flowering or fruiting tops (inflorescences) exhibit THC concentrations significantly above the 0.2% legal threshold. In contrast, other plant parts, including seeds, seedlings, stalk, leaves (excluding those within the inflorescence), branches without reproductive structures, and roots, contain negligible or undetectable levels of THC in comparison.
Given the broader global trends and the economic significance of the hemp sector, the HPA recommends the following steps:
- The definition of Hemp under the Plant Improvement Act, Guideline HP-GD-001 to be clearly included in the definitions in the Foodstuffs Act. Defined as:
“Low THC plants or parts of plants of Cannabis sativa L. cultivated for agricultural or industrial purposes, of which the leaves and flowering heads do not contain more than 0,2% THC” - Permit the use of raw and processed products derived from any Hemp seed, seedling, the stalk, leaves and branches without any fruit or flower, and the roots in sale, importation, and manufacture foodstuffs in South Africa, excluding Medicinal cannabis, any substance, ingredient, and product containing Schedule 6 THC, Schedule 0 CBD and Schedule 4 CBD regulated under the Medicine Act.
- Prescribe and restrict regulatory provisions in applicable sections in the Foodstuffs Act to include a maximum limit of 0,001% or less of THC and 0.0075% or less of CBD in the ready to consume foodstuff product and finished product for sale.
- Approach the Department of Agriculture, Land Reform, and Rural Development (DALRRD) which has been tasked as the lead department to develop a Cannabis Masterplan which would accelerate the reforms required to realise government’s objective of enabling economic activity in the hemp and cannabis sector.
- Collaborative Alignment between DOH and DTIC to provide clear regulatory guidance and support to the hemp industrial sector to promote food safety and thriving economy.
- Alignment with National Economic Goals: In line with the President’s vision for hemp and cannabis as key economic drivers, the HPA urges for a reconsideration of the complete prohibition to ensure that South Africa is positioned as a leader in the global hemp economy.
CONCLUSION
The HPA acknowledges the authority of the Minister of Health to act in the public interest. However, the scientific evidence confirms that hemp seeds, oil, protein, and flour are safe for human consumption, with negligible THC levels that pose no risk of psychoactivity. The complete prohibition is heavy handed compared to the very low risk safety profile of hemp. The global shift toward embracing hemp as a nutritious and sustainable agricultural crop and food source, coupled with South Africa’s economic ambitions, makes it imperative to reconsider the current complete prohibition on hemp derived foodstuffs.
A collaborative approach to regulations on the sale, importation and manufacture of foodstuffs containing any part of the plant or component derived from the Cannabis sativa L, hemp, hemp seed oil or hemp seed flour by integrating available scientific evidence on nutrition and food safety, current legislation and regulatory controls in South Africa to ensure that South Africa remains at the forefront of the global industrial revolution, while also safeguarding public health and consumer choice.