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MEDICINES CONTROL ACT: SCHEDULE 6 AMENDED TO ACCOMMODATE LEGAL CANNABIS-RELATED ACTIVITIES
- 07 September 2024
- Health & Safety
- SA Legal Academy
Please note: 1) On 7 March 2025, the Department of Health gazetted a notice under the 1972 Foodstuffs, Cosmetics & Disinfectants Act prohibiting the sale, import or manufacture of all foodstuff containing any part of/component derived from the cannabis and/or hemp genus, Cannabis Sativa L. The ban also applies to hemp seed oil and hemp seed flour with ingredients derived from Cannabis Sativa L.2) On 26 March 2025, the Presidency issued a media statement announcing that Health Minister Aaron Motsoaledi has undertaken to withdraw the regulations and to consult more broadly before publishing a revised version. At the time of writing, the withdrawal notice had yet to be gazetted.
The Department of Health has gazetted amendments to Schedule 6 of the Medicines & Related Substances Control Act, 1965. Adding tetrahydrocannabinol to the list of controlled substances, among other things the amendments provide for:
- the cultivation and possession of raw and processed cannabis plant material for which a permit has been issued under the Plant Improvement Act, 2018, and that is intended:
- either for agricultural or industrial purposes, or
- for use in the manufacture of ‘consumer items or products … (with) no pharmaceutical action or medicinal purpose’, and
- the private cultivation and possession of raw cannabis plant material by an adult for personal consumption purposes.
Immediately in force, the amendments follow an announcement in the media statement on Cabinet’s most recent meeting regarding the completion of South African Health Products Regulatory Authority consultations on changes to schedules under the Act. The announcement was made in the context of a proposed cannabis master plan on which SA Legal Academy reported in detail at the time.
- amendments to Schedule 6
- SA Legal Academy report on proposed cannabis master plan
Published by SA Legal Academy Policy Watch
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