The Health Minister has chosen not to explain his ill-advised cannabis in foodstuff ban to the stakeholders who lost money as a result of his actions. Instead he has provided a written explanation to Parliament on 30 April 2025 with a statement that glosses over the real reasons for, and the consequences of, his executive action, which cost the cannabis and hemp industry - and mainstream retailers - millions of rands.

Dr Tebogo Kgosietsile Solomon Letlape (Action SA) Questions to the Minister of Health (Question NW1889)

(1) What were the primary reasons for the recent decision by his department to ban the sale of cannabis-infused edibles in the Republic?

Minister: The Department noted a number of incidents of adverse events linked to children consuming foods that contain cannabis (likely high THC and/or CBD content). In the best interest of the health of children the department decided to prevent the sale of all foods containing cannabis through regulations. The Foodstuffs, Cosmetics and Disinfectants Act 1972 makes provision for the publication of regulations without public consultation. Nevertheless, the said regulations have been withdrawn and draft regulations will be published for comment regulating the sale of cannabis containing foods.

(2) What specific health risks and/or concerns informed the specified decision?

Minister: The Department noted a number of incidents of adverse events linked to children consuming foods that contain cannabis (likely high THC and/or CBD content). In the best interest of the health of children the department decided to prevent the sale of all foods containing cannabis through regulations.

The Foodstuffs, Cosmetics and Disinfectants Act 1972 makes provision for the publication of regulations without public consultation. Nevertheless, the said regulations have been withdrawn and draft regulations will be published for comment regulating the sale of cannabis containing foods.

The American Academy of Paediatrics has done extensive research and concluded that cannabis is dangerous for a developing brain in children, until the person is 25 years old. As explained above, there have been numerous cases where children have become ill after consuming foods containing cannabis.

These “foodstuffs” are presented in appealing presentations targeting children such as chocolates, cookies, muffins, sweets etc. Many of these foods are imported with claims that they contain cannabidiol (CBD) and/or have tetrahydrocannabinol (THC) in them. We have no idea about the exact amount of CBD or THC contained in these products and whether they should be classified as medicines and assessed by SAHPRA before authorisation for sale.

(3) Was there a public consultation process before the decision was made; if not, why not; if so, what were the outcomes in this regard?

Minister: There was no public consultation as the publication was in the form of the prohibition notice which is allowed in terms of the Foodstuffs, Cosmetics and Disinfectants Act, 1972. The said provision allows for the Minister to publish such regulations without public consultation.

(4) What (a) enforcement mechanisms are in place to ensure compliance with the ban and

(b) entities are responsible for oversight?

Minister: The Minister of Health has decided in consultation with the President to withdraw the regulations on the 9 April 2025. Draft regulations relating to Cannabis in food will be published for comment soon.

#