The Cannabis Law Is Flawed

Foodstuff: To Be Fair, State Must Also Criminalise Alcohol, Tobacco

- Zakhele Mthembu

The health minister recently published regulations that criminalise the sale or distribution of cannabis-infused food items. This action comes despite a Constitutional Court ruling that decriminalised the possession and cultivation of cannabis for personal use. The state appears to need revenue sources, yet it is criminalising an industry that could potentially be worth billions of rands.

The minister published regulations under the Foodstuffs, Cosmetics, and Disinfectants Act of 1972, which make it a criminal offence to engage in any commercial activity related to cannabis food items. This issue - characterised by legal absurdity, violations of rights and a disregard for the judgment of the Constitutional Court - became apparent from the moment the state enacted the Cannabis for Private Purposes Act of 2024.

The regulations state: "No one may sell, manufacture, or import processed or unprocessed foodstuffs containing: (a) any part of the plant or component from the genus cannabis, includes Cannabis sativa, Cannabis indica, Cannabis ruderalis, hemp seed oil or powder from powder derived component derived from Cannabis sativa L and various and its or subspecies in subspecies."