Ramaphosa withdraws damaging new law

[Nat Quinn]

President Cyril Ramaphosa has consulted with Health Minister Aaron Motsoaledi about the recent ban on foodstuffs containing cannabis in South Africa and will withdraw the regulation for now.

He said this will allow for more stakeholder consultation and public participation in determining the path forward for the legal changes.

The Department of Health will now consult broadly before publishing the revised regulations.

According to the office of the presidency, Motsoaledi expressed concern about unregulated imported foodstuffs containing hemp and cannabis flooding South Africa.

This led to the outright ban on importing, producing, or selling of any food containing these and their derivatives.

However, the blanket ban was met with wide criticism in the cannabis and hemp industry, particularly because it had the effect of criminalising food items that were not illegal before.

The ban applied to any part of the plant or component of cannabis, including Sativa, Indica, Ruderalis, hemp seed oil, or powder derivatives from the various species or sub-species.

There is a critical distinction between hemp-derived food products such as hemp seed oil and hemp seed flour and unregulated cannabis products.

The former are widely recognized as safe for human consumption, with no psychoactive effects. However, under the ban, these items were criminalised.

Any person selling, importing or manufacturing foods containing these prohibited substances would have been guilty of an offence and liable to a fine or imprisonment upon conviction.

The Democratic Alliance warned that the move threatened South Africa’s entire hemp industry, which includes 1,400 licensed cultivation businesses and 400 SMMEs.

These businesses create jobs and contribute to the economy—contributions that could have been flushed in one fell swoop.

Aside from the negative impact on the legitimate and globally accepted industry, the move was also an apparent leap backwards in terms of South Africa’s adult-use or recreational cannabis policies.

These policies have been becoming more progressive since private use of cannabis became legal through the Cannabis for Private Purposes Act, and many in the industry have been anticipating an opening up of the market.

However, the process has been frustratingly slow for those who want to launch a business in this space.

While President Cyril Ramaphosa has signed the Act into law, it has not been activated and will not be until the regulatory framework has been established.

Because of this, the responsible adult-use market, in particular, has remained largely unregulated and undefined, leaving many entrepreneurs and consumers in a grey area.

There is no legal framework for cultivation, trade, or taxation, leaving the market wide open to potential abuse—such as that feared by Motsoaledi regarding imports.

But experts say the answer isn’t prohibition. Instead, the department should establish safety and quality standards for hemp foodstuffs, ensuring consumer protection without unnecessary restrictions.

 

source:Ramaphosa withdraws damaging new law – BusinessTech

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