By Bruce Coetzee
The cannabis sector is reeling, following what can only be described as a “kick in the teeth” by our esteemed Department of Health. In just a few short hours, what had remained a grey area within the legislative framework was essentially stamped out. What, then, exactly are we talking about, and why the immense disapproval?
Earlier this week, the DOH released a document which has its roots tied deep to the same archaic thinking that birthed apartheid laws. It helped pave the way to cannabis criminalisation in South Africa and resulted in a battle which is now entering its centenary year. It’s called the Foodstuff, Cosmetics and Disinfectants Act 54 of 1972. Why should this affect the cannabis sector? Well, it’s because the Act categorically states that any food and beverage items, cosmetics like balms and creams and any disinfectant products which have been infused with any part of the plant that includes single compounds are strictly prohibited unless they are provided by licensed dispensaries.
Sadly, the extent of the regulatory prohibitions listed in the Act extends beyond the genus Cannabis Sativa I; it encompasses Cannabis Indica and Cannabis Ruderalis, too. Beyond this, the Act clearly states that any person caught manufacturing, importing or selling products that contain parts derived from Hemp, Hemp Seed Oil and Hemp flour is subject to the same legal confines in the Act.
In truth, however, we need to look at the bigger picture here. Yes, it is unfortunate that many businesses have been raided, and the impact on the local economy will be substantial. Sadly, when it comes to the law, they are very clear about the prescript, and although it is common knowledge that selling weed and anything containing THC is still illegal, most shops have continued doing business regardless of the impending threat this poses.
It’s not about taking sides here; it’s more about finding a truth hidden in plain sight. Edibles and drinks infused with THC have been part of the scope covered by the Cannabis for Private Purposes Act signed on 29 May 2024 by our President. It specifically describes the compound which has caused all the ruckus, namely THC, and categorically states the consequences of stepping out of the legal boundaries governing its use and sale.
The key points of this Act are debatable, and many say it’s yet another fine example of governmental inefficiency. Perhaps that could explain the inclusion of Hemp, Hemp Seed Oil and Hemp flour on the list. On a personal level, this flies in the face of all that has transpired in the Hemp industry over the last few years. Our government has invested a great deal of time and money into jumpstarting a sector our President himself supports, as noted in his most recent State Of The Nation Address. Investments into initiatives aimed at building a sustainable powerhouse, which would make a massive contribution to a starving economy and create jobs, are now in question.
The decision to engage with outdated and ill-conceived ideologies has never proven successful for our government. What would compel such a deliberate attack on an avenue many look to as a means to provide a livelihood? As it stands, only licensed dispensaries may sell medicinal cannabis products infused with THC. The process to obtain such licenses and the barriers to entry are substantial. Medical cannabis is a legal means to obtain cannabis, however, it’s a painfully tricky process, and SAHPRA is tightening the belt on any shortcuts
The second method is to grow your own, but for some, this is simply not feasible. One of these two scenarios are deemed taxable and can generate substantial income for stakeholders, including our government. Unlicensed dispensaries are not taxed in a business sense and have no accountability regarding the products they sell. It’s a choice between the golden goose or a hawk, flying just out of reach, evading the greedy little paws of our lawmakers.
The fallout of this new challenge will undoubtedly be enormous. It defies all logic, and yet, for those who understand just how quickly the law gets its wires crossed, it makes perfect sense.