Read more
Business owners say the ban contradicts South Africa’s push to develop the cannabis economy and could drive the industry underground.
Dagga plants sold at the Cannabis Expo at Cape Town International Convention Centre in March last year. Picture: Gallo Images / Ziyaad Douglas
Growers and activists are gearing up for a court battle to compel the government to reverse its decision to ban the use of cannabis and hemp in foodstuff and cosmetic products.
This follows Minister of Health Aaron Motsoaledi’s announcement in a recent Government Gazette criminalising the use of the substance.
The promulgated law stated no-one may sell, manufacture or import processed or unprocessed, foodstuff containing any part of the plant or component derived from the genus Cannabis sativa, or hemp seed oil or powder derived from the genus Cannabis sativa and various species or its subspecies.
According to the new law, any person found selling, importing, or manufacturing foodstuff containing the prohibited substances would be guilty of an offence and liable on conviction to a fine or imprisonment.
Hennie Venter, CEO of Cannabisness and managing director of HempCare, said, on behalf of the growers, he was preparing for a legal battle to compel the government to reverse its decision.
His company, in collaboration with other cannabis business owners, have written to Motsoaledi asking him to nullify the promulgated laws.
ALSO READ: Outcry as government bans cannabis and hemp in food and cosmetics
“We have given the minister seven days, which expired on Monday, to respond to our demand. Since they failed to respond we are continuing with the litigation,” said Venter.
“Everyone who invested and done research and development in this industry stand with their hands in their pockets looking at their investments coming down in flames.”
Venter has called on the cannabis and hemp entrepreneurs to contact him to prepare for the legal battle.
In a letter, he said legal proceedings would challenge the validity of the regulations published and claims would be instituted for financial losses incurred as a result of it.
Ruvekh Singh, director of BakedPMB, said the government action was unconstitutional.
“Instead of banning the substance, the government was supposed to regulate the market.”
Department of health spokesperson Foster Mohale promised to respond to the questions sent to him, but failed to do so.
NOW READ: Cannabis industry only has itself to blame for edibles being banned
Download our app