Edible Cannabis Ban in South Africa: Something to Chew On?

Cannabis legislation for private and medicinal use has increased over the past few years globally, including in several African countries for medicinal use as well as farming for profit.

- Prof Tara Carney and Prof Nadine Harker

Currently, South Africa is the only country in Africa that has legalized the recreational use of cannabis, with the signing into law of the Cannabis for Private Purposes Act by President Ramaphosa on 28th May 2024, which was preceded by an earlier ruling of the Constitutional Court of South Africa in September 2018 which found the criminalization of home use and cultivation of cannabis for personal use by adults unconstitutional.

On the 7th of March 2025, the Cannabis for Private Purpose Act was juxtaposed with the announcement in the South African government gazette, driven by the National Department of Health, which declared a ban on all edible cannabis products, in particular around the import, manufacture and sale of these products (including capsules, gummies, sweets, baked goods/confectionery and beverages). This ban sparked immense controversy, especially among cannabis advocates and industry players and was lifted on the 26th March 2028 for further input.

The passing of the South African legislation for recreational use raised a number of public health concerns, and similarly to other settings, one of these was around edible cannabis products which may be particularly appealing to children and younger adolescents, who may (accidentally or not) consume products containing 8-9-tetrahydrocannabinol (ASTHC), the psychoactive ingredient in cannabis. While it is often argued that cannabis is safe, there are notable gaps in our understanding. Specifically, although children and adolescents are known to be particularly susceptible to the effects of THC, there is insufficient knowledge about the impact of cannabidiol (CBD), frequently considered the “safe” ingredient, on the developing brain, which continues to mature until approximately 25 years of age.