Hemp and cannabis activists have come out blazing against a bombshell gazette late last week banning all cannabis and hemp in foodstuffs.
The ban will hit the Eastern Cape particularly hard, where billions have already been invested in a budding hemp and medical cannabis industry that were poised to create thousands of sustainable and eco-friendly jobs, including in nutrition, health, clothing and housing.
"The decision was made without public or intragovernmental consultation," said Friends of Hemp SA (Fohsa) president Ayanda Bam at the weekend.
The ministry of health ban prohibits the import, sale, and manufacture of all “foodstuffs” made with any part of the cannabis plant, including non-psychoactive and health-benefiting derivatives like hemp flour, hemp seed oil, and CBD.
"The decision, brought under the outdated Foodstuffs, Cosmetics, and Disinfectants Act of 1972, does not reflect modern consumer trends, needs, or accepted patterns," said Bam, CEO of TexTTan Industries and a visionary leader in the textile industry known for his commitment to sustainability and innovation.
"It is unjustifiable and unconstitutional."
Hemp as Food
Hemp seed may be the oldest domesticated grain crop in the world (+12,000 years), predating wheat and maize, he said.
Arguably one of the planet’s greatest “superfoods”, it contains almost as much protein as soya with all nine essential amino acids.
It is rich in fiber, aids digestion and lowers cholesterol, provides Omega 3, 6 and 9 fatty acids, and contains magnesium, calcium, iron and zinc, as well as antioxidants to improve heart, gut, skin and brain health.
Importantly, hemp grain is non-intoxicating (meaning you cannot get high from it) and instead contributes to food and nutrition security worldwide.
Hemp grain has never been included in scheduling or international regulations prohibiting narcotics.
The Economic Case
The global hempseed market was estimated at $5bn in 2023 and is projected to double by 2032; food and beverages accounts for over half of this and is the fastest growing segment, driven by consumers demanding healthier and planet-friendly foods.
Many countries – including the US, Russia, EU member states, Canada and China – recognize and trade hemp grain as a food.
In SA – with more than 1,400 legally-compliant hemp cultivation businesses (permits issued by the agriculture department), there are over 400 SMMEs (some funded by the small business development department), and at least 5 major retailers – already, market participants are ready to improve public health, create jobs and enterprises, and boost sustainable industrialization.
"The socio-economic impacts of this ban cannot be understated," lamented Bam.
Based on a sample of only 10 existing representative businesses, the loss in inventory amounts to more than R80m and in monthly revenues R25m.
More than R4bn has already been invested by government and hemp/cannabis businesses, pipeline investments in technology and infrastructure totaling over R5bn to create more than 40,000 local jobs.
More than R2bn has been committed to co-investments from international partners in technology transfer, skills development, and project preparation and financing.
"Furthermore, given that the food and beverages sector provide among the lowest barriers to entry in the hemp industry, limiting this segment will severely limit participation by marginalized (youth, black, female, disabled) businesses and communities," said Bam.
Due Process
The ban has not followed due process, Bam said, as it sidestepped the three bodies established to deal with cannabis and hemp-related policy.
They are the National Cannabis Masterplan, where FOHSA serves as the business representative, the government’s own internal Masterplan Secretariat (although it includes national health department representatives and sits fortnightly) and the Cannabis Inter-Ministerial Committee.
Most hempseed traded in SA is imported, and it is unclear if WTO and exporting partner countries have been informed.
Bam said there was "deafening silence" around reasons for the ban. Although the Foodstuffs Act, which allows the minister such widespread powers without public consultation, section 15.7 (B) specifies this applies only in cases of an urgent threat to public health.
"In the absence of the DoH’s explanation of what such emergency is and why such announcement was signed by the Minister on January 16 but only gazetted almost a month later, on March 7", he said, the ban flewin the face of stated national policy and Presidential prioritization".
"It simply has no place in democratic South African law or economy," he added.
Calling on health minister Aaron Motsoaledi to withdraw the ban immediately, he extended a plea for intervention to trade & industry minister Parks Tau "as convenor and chair of the Cannabis InterMinisterial Committee, and President Cyril Ramaphosa, who has promised, from 2019 up to as recently as last month’s SONA, to fully liberalise this priority sector".
Daily Dispatch
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