Why marijuana edibles have been banned in South Africa
'Breakfast with Martin Bester' spoke to Paul-Michael Keichel, an attorney of the High Court of South Africa, about the recent ban on marijuana edibles in the country.
Government crackdown on cannabis edibles
There has been significant uproar following a regulatory update from the National Department of Health, which officially bans the import, manufacture, and sale of any foods containing cannabis or cannabis-derived products.
This notice, signed by Health Minister Aaron Motsoaledi, applies to all components of the cannabis plant, including:
Sativa
Indica
Ruderalis
Hemp seed oil
Powder derivatives from various species or subspecies
Understanding the legal background
To make sense of this, we need to go back to 2018 when the Constitutional Court decriminalised the private and personal use of cannabis. However, this does not mean cannabis can be freely sold in stores.
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According to Paul-Michael Keichel, an attorney of the High Court of South Africa, many cannabis shops popping up in shopping centres and other locations are actually operating illegally.
While personal cultivation and use of cannabis are permitted, selling it remains against the law unless it goes through a complex pharmaceutical licensing process.
What is the legal consensus?
Selling psychoactive cannabis products has always been illegal, so Motsoaledi's decision to "ban" edibles is more of a reinforcement of existing laws than a new regulation.
Keichel explained that cannabis should not be infused into products like gummies and brownies, as there is a risk of minors gaining access to them.
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However, what has caused concern is the government's decision to also ban non-psychoactive hemp-based food products – such as hemp seeds and hemp oil – without public consultation.
Cannabis in pet care products
Another overlooked aspect of the cannabis industry is pet care.
Any cannabis-infused pet products must comply with the Pharmacy Act and the Medicines and Related Substances Act.
According to Keichel, many veterinary products containing cannabis ingredients are being sold illegally, as they have not undergone proper testing and approval.
How much cannabis can you legally carry?
South Africa is still awaiting the formalisation of the Cannabis for Private Purposes Act, which has yet to be legally enacted.
As it stands, there is no set legal limit on how much cannabis an individual can carry.
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Since 2018, courts have determined legality on a case-by-case basis – if a person can prove that their cannabis is strictly for private use, it may be considered legal.
The evolving legal landscape around cannabis in South Africa remains complex, and further clarity is needed to address public concerns.
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