We have been considering a nuanced blogpost and expression of disappointment at this ‘development’ – the Regulations made in terms of the Foodstuffs, Cosmetics and Disinfectants Amendment Act, 1972 (Foodstuff Act) on 7 March 2025 published in Government Gazette 52227, Notice 5960 (Foodstuff Regs). A nuanced and considered response is always best. But we hope that a few simple bullet points will assist fellow community members to assess their own legal positions and the manner in which they choose to further engage:

1. THC edibles

• The manufacture for sale of any THC-rich (i.e. psychoactive) products is depressingly still strictly prohibited in South Africa in terms of the Drugs and Drugs Trafficking Act, 1992 (Drugs Act).

• Even once the Cannabis for Private Purposes Act, 2024 (CfPP Act) comes into operation, and removes ‘Cannabis’ from the purview of the Drugs Act, the CfPP Act will still expressly prohibit dealing in ‘Cannabis’ generally defined as the flowers of the plant - so again THC-containing edibles will be caught by this prohibition.

• Therefore, to our mind, these Foodstuffs Regs have no real impact on the (il)legality of the manufacture for sale of or trade in THC-laden, psychoactive Cannabis products, whether smokable or edible. It is and probably will, frustratingly, continue to be illegal for a while yet.

2. CBD (low-THC) products

• CBD is a Schedule 4 substance in terms of the Medicines and Related Substances Act, 1965 (Medicines Act), other than where contained in ‘complimentary medicines’ with ≤ 600 mg CBD per pack, daily dose ≤ 20 mg CBD, and making only a general health (low-­risk) claim.

• In terms of the Foodstuff Act, a ‘foodstuff’ excludes a ‘medicine’ as defined in the Medicines Act. Therefore, to the extent that CBD products are medicinal, they are not caught by these Foodstuffs Regs. 

• Whether a CBD product is a ‘medicine’ per se in the form of a ‘complementary medicine’ requires an understanding of the history of the litigation between the Alliance of Natural Health Products and SAHPRA / Minister of Health, which culminated in a very important Supreme Court of Appeal (SCA) judgment, which you can read about at this link: https://www.tnha.co.za/natural-health-product-industry.../ . 

• A number of years on, and we are still waiting for more sensible regulations for health products and complementary medicines from the Minister of Health and SAHPRA, in flagrant breach of the order of the Supreme Court of Appeal. Here is another article by the Traditional & Natural Health Alliance where you can find out more on this: https://www.tnha.co.za/minister-of-health-in-sahpra.../ .

• (We recommend that producers of natural health products read what the Traditional & Natural Health Alliancehas to say, and consider joining it. It is an important industry body that was instrumentally behind the SCA matter referred to above, and which lobbies for sensible regulations of the natural health product sector: https://www.tnha.co.za/safety-is-a-red-herring-used-by.../ )

3. Low-THC aka Hemp products

• On 6 September 2024, the same Minister of Health that made the Foodstuffs Regs on 7 March 2025 (Dr Aaron Motsoaledi) amended the THC inscription in Schedule 6 of the Medicines Act in a manner which arguably, to at least some degree, potentiated the pathways for supply chains in respect of consumer items including ingestible (but non medicinal) products containing low-THC Cannabis produced in terms of a Hemp permit.

• Take a look at the amendment published in Government Gazette 51171, Notice 5181, page 33 – note that the underlined words were added to and bold words in square brackets were deleted from the wording of Schedule 6 of the Medicines Act, i.e. the text of the actual Act of Parliament.

• An Act of Parliament is a statute, original legislation made by our democratically elected Parliament and must accord with the Constitution. Regulations are often considered to be delegated or subordinate laws because the Executive (in the form of the Minister) is delegated by Parliament to provide e.g. further flesh to the policies codified in the statute. Regulations must therefore not contradict original legislation (or, of course, the Constitution). Where regulations conflict with the clear meaning of a statute, they will typically be unlawful. 

• Therefore, there may be an argument that, by purporting to prohibit the manufacture for sale of e.g. Hemp seeds and other parts of low-THC Cannabis plants produced in terms of a Hemp permit, the Foodstuffs Regs conflict with the Medicines Act and are unlawful. 

• There may also be an argument that the Foodstuff Regs are ultra vires, i.e. beyond and therefore in conflict with, the powers granted in terms of the Foodstuffs Act itself, and therefore unlawful. 

• A more voluminous study would be required to assess the relative strengths and ultimate merits of these argument, or the extent to which specific products made from other parts of the plant might be impacted.

4. PRIVATE ADULT USE

• As we pray you know by now, Harambe Solutions is a massive proponent of Responsible, Private, Adult Cannabis Use – it is our expertise and passion. 

• Our response in times like this has always been: “LET’S MAKE THAT CIRCLE BIGGER!” in a bona fide and responsible manner.

• You're most welcome to reach out to us at info@harambesolutions.co.za for more information.