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Health Minister Faces Legal Action Over Controversial Hemp Food Ban

The battle against South Africa’s recent hemp food ban is intensifying, with the Cannabis Trade Association Africa (CTAA) preparing to take legal action against Health Minister Dr. Aaron Motsoaledi. The association argues that his decision to prohibit the sale and production of cannabis-infused foodstuffs is both reckless and unscientific, warranting criminal charges or dismissal from office.

Mounting Legal Pressure Against the Hemp Ban

The CTAA, alongside other stakeholders in the cannabis industry, is moving forward with an urgent interdict to overturn the ban, which they believe has inflicted severe economic harm. This legal move follows the controversial amendment to the Foodstuffs, Cosmetics, and Disinfectants Act, published on March 7, 2025, which prohibits any food products containing hemp-derived ingredients such as hemp seed oil and hemp seed flour.

With at least two separate interdicts being filed—one by Hennie Venter on behalf of growers and another by the CTAA—the cannabis industry is uniting to challenge what they describe as a regulatory overreach that threatens businesses and livelihoods.

Devastating Impact on Businesses and the Economy

The ripple effect of this sudden ban is only beginning to unfold, but the damage is already evident. The decision has disrupted hundreds, if not thousands, of legitimate businesses that have lawfully operated in the hemp food sector for years.

A Blow to the Emerging Hemp Industry

CTAA chairperson Tebogo Tlhopane emphasized that policymakers responsible for such flawed regulations should be held personally accountable.

“We are pursuing legal action to impose punitive costs on individuals behind these irrational decisions, preventing further wastage of taxpayer money on economically destructive policies.”

The CTAA argues that the ban contradicts global regulatory standards and lacks any credible scientific basis. Instead of fostering a progressive, well-regulated hemp industry, the decision pushes South Africa further behind in the global cannabis market.

Direct Conflict with Government’s Stance on Cannabis Reform

The timing of the ban is particularly perplexing, considering the South African government’s recent commitments to developing the cannabis industry. During his State of the Nation Address (SONA) in February, President Cyril Ramaphosa outlined plans to expand the agricultural sector and position South Africa as a key player in hemp and cannabis production.

However, CTAA founder Anthony Cohen argues that this move contradicts the government’s broader vision and undermines economic growth:

“The Minister’s actions disregard scientific evidence, limit consumer choice, and destroy opportunities for local farmers and businesses. While the world moves towards regulation, South Africa is regressing.”

Moreover, Cohen pointed out that the Departments of Agriculture and Trade, industry, and Competition, which are responsible for cannabis industry development, were not consulted before the ban, indicating a serious oversight in the decision-making process.

Industry Calls for a Science-Based Regulatory Approach

The CTAA is urging the Health Department to engage with industry stakeholders to develop a modern, science-backed regulatory framework. They argue that outdated and prohibitive policies will only stifle progress and economic opportunities.

Eighteen days after the ban was gazetted, the Health Minister has yet to make an official statement explaining the rationale behind the decision or addressing the growing backlash from the industry. With legal pressure mounting, the government faces increasing calls to reconsider its position before irreparable damage is done to South Africa’s emerging hemp economy.

As legal battles take shape, all eyes are on the courts to determine whether the hemp food ban will stand—or be overturned in favor of a more progressive regulatory approach.

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