cbd legal south africaDecember 15, 2021
Only CBD’s drug classification was changed. THC, on the other hand, has remained a schedule 7 drug. This means you will not be able to buy any cannabis oil or cannabis products that contain THC levels exceeding 0.001%.
So how can you get CBD if you want to use it or sell it? At the current moment, cultivating and manufacturing CBD is very difficult. Although there are some stories of special facilities getting the necessary permits to grow and manufacture CBD, it is still not a formal situation.
Although point number 2 is a bit confusing, most companies are just sticking to the first requirement of ‘a maximum daily dose of 20 mg CBD’. As long as companies put this maximum daily allowance on their packaging, they’re good to go. These products should not make any claims that they are medical products that can cure you of certain illnesses.
These CBD products, although not advertised as medical treatments, have been shown to have positive effects on your sleeping patterns, anxiety, and even your appetite. If you are considering getting a CBD product and want to air on the side of caution, you can always go speak to your local doctor first.
Unfortunately not yet. Hemp is still classified as cannabis, so the only way that you can legally grow hemp in South Africa for commercial purposes is if you obtain a special permit. These can be obtained from the Department of Health and the South African Health Products Regulatory Authority. A hemp license in South Africa is not easily obtained and it can cost a lot for you to start the application process.
Is THC Cannabis Oil from South Africa legal?
Whether you are looking at pure CBD oil to help you sleep, CBD for your pets, or maybe you need a CBD balm to soothe your muscles after a long day hike in the Drakensberg. Whatever the reason, there is something available for you.
However, CBD (one of the cannabinoids in cannabis) has since been reclassified. CBD is no longer being grouped with its psychoactive brother (THC) as a schedule 7 drug and has in fact been rescheduled to schedule 4.
The only way to get hold of CBD products is through a GMP(Good Manufacturing Practice),approved manufacturer, most of which are coming from countries outside South Africa. These facilities can be found in Europe and America, where CBD oils and hemp are being produced en masse.
Yes, it is. But the answer isn’t as simple as that. Although you can buy CBD in Cape Town, Johannesburg, Durban, and throughout the rest of South Africa, there are still some requirements that companies need to follow before they can sell legal CBD products.
The laws surrounding CBD in South Africa are very confusing. Although you may have heard about court cases, parliament hearings, and other legal situations regarding the status of cannabis, it can be very difficult keeping up to date in this ever changing industry.
So if you obtain a prescription, you will be able to purchase CBD oil products from an authorized pharmacy. But wait, what about the CBD oil products that you saw being sold online or at your local petrol station? Well, that’s where the classification of CBD gets a bit confusing.
Now that you know CBD oil South Africa is legal (in certain concentrations) and very easy to buy, you might be wondering what products are available. You’re in luck, there are plenty of great products available.
In this post, we’re going to take a deeper look at the CBD product laws in South Africa. This includes whether CBD is legal, what the legal requirements are, and what it means for you as a South African consumer.
Although you might not be able to get a license to sell dagga in South Africa that easily, CBD has entered the spotlight as the first legal cannabis product in the country – and it’s super convenient to get ahold of.
Is it Legal to Grow Hemp in South Africa?
These “schedule 0” CBD products are completely legal to buy online or over the counter at your favourite shops. The only requirement is that they follow the exclusion issued by the Department of Health. In order for a CBD product to be 100% legal without any special requirements, they need to abide by the following:
CBD and THC are the two of the major cannabinoids found in the cannabis plant. Up until recently, the entire cannabis plant has been classified as a schedule 7 substance and can, therefore, only be obtained by a permit issued by the Director-General of the National Department of Health in South Africa.
You are, however, allowed to grow cannabis for your personal use – according to a judgement made by the constitutional court. So if you are looking to get your hands on THC cannabis, you can always look to your garden as a viable solution.
The Minister of Health, Aaron Motsoaledi, issued an exclusion in the Government Gazette on the 23rd of May, 2019. This exclusion specifically relates to CBD products prepared in a certain way. This means, if manufacturers can produce a CBD product that abides by these specifications, they will be able to sell them as a schedule 0 substance (in other words, like any other regular non-medical supplement). So what are these rules?
All you need to do is head down to your favourite local shop or find an online store and you will have legal CBD products in no time. We hope this has put your mind at ease and that you can now confidently buy your favourite CBD cannabis oil in South Africa without needing to break the law.
Schedule 0 CBD Products South Africa.
CBD oil has so many remarkable benefits. However, it cannot be claimed that it cures, ‘treats’ or mitigates any disease. If you come across any company that makes these kinds of claims, think twice.
What is Legal & Certified – what is important to know about my CBD brand choice?
A COA is a document created by a third-party testing facility that verifies a product’s specifications, including its components and concentration. Ensure the company has a COA for their products that is readily available on request. RETHINK products all have a COA.
• Products are to be labelled for General Health Maintenance, Enhancement, or Relief of Minor Symptoms.
CAN YOU FIND THE COMPANY ON THE INTERNET?
NO UNVERIFIED CLAIMS.
NOT MORE THAN 0,001 PER CENT THC:
CERTIFICATE OF ANALYSIS (COA):
CBD preparations which are products containing less than 20 mg per daily dose of CBD, are now allowed to be sold and are exempt from the Schedules to the Medicines Act.
The CBD laws for South Africa state that Legal CBD products are required to contain no more than 0,001% THC in South Africa and are derived from hemp plants rather than marijuana plants. If a product contains more than 0,001 per cent THC, avoid it.
In South Africa, Government Notice No. 756 of 2019 Medicines and Related Substances Act (101/1965) provided exclusion of certain preparations containing Cannabidiol (CBD) from operation of certain provisions of the Act.
• To contain no more than 10ppm (0,001% of THC).
One way to tell if a company is legitimate is by doing an online search – do they have a comprehensive website that answers all your questions, and a customer support number?
Other products are marketed as treatments for specific conditions, which is also not allowed in terms of the new rules.
Faithful to Nature had previously sold that Cibdol preparation in terms of what it considered a legal grey area, Grobler said. Paradoxically, the new regulations intended to make access to CBD easier meant it had to be removed from sale, at least until packaging and dosage guidance could be updated.
But the sellers aren’t the only ones breaking the law in such a case, lawyers warn. Even if they are ignorant of the fact, buyers too are breaking the law, and are effectively creating a record of their law-breaking, complete with a delivery address and a verified credit card transaction.
Last week updates to regulation changed CBD, a non-psychoactive ingredient of dagga, from a Schedule 7 drug (a group that includes heroin) to a Schedule 4 drug, where it now resides alongside antibiotics and anti-viral medicines.
Until Tuesday, Faithful to Nature was among retailers offering preparations far in excess of those limits. The “very strong” version of imported oil Cibdol, for instance, promises 10mg of CBD per drop. At a recommended three drops per use, three times per day, that is 4.5 times more than the exemption limit – making it a Schedule 4 drug in terms of the new rules.
Breaching the limits: when CBD isn’t legal after all.
Buyers of CBD products that do not fall within the legal limits (and who do not have special dispensation to import such preparations for their own use) could be in contravention of two different laws, said Schindlers’ Keichel, covering drugs and medicines respectively.
It is not clear if buyers would ever face prosecution, but that doesn’t change the legal advice in such a case.
“It’s a risk that I’d advise not taking,” said Paul-Michael Keichel, a partner at Schindlers who has long pursued re-legalisation of cannabis.
But a survey of online retailers by Business Insider South Africa showed that local online retailers (including until Tuesday morning one big and established name) are wildly flouting those rules and selling preparations far stronger than is legally allowed.
That makes CBD available on prescription, exactly like drugs that are dangerous only if misused, and which are not habit-forming.
Doing so appears to make those retailers guilty of selling Schedule 4 drugs without a prescription, a criminal act.
As of last week, and for the next year at least, it is legal to buy and sell health-supporting products containing cannabidiol (CBD) in South Africa – within specific limits.
A separate notice simultaneously excluded CBD from scheduling altogether for a year, making it available over the shelf from anyone who cares to sell it, within limits.
“I would be cautious,” warned Helen Michael, a director at Werksmans healthcare and life sciences practice.
To qualify for the exemption, preparations must either contain a maximum daily dose of 20 milligrams of CBD, or if made from raw cannabis products must contain only a tiny fraction of CBD (0.0075%) and a maximum of 0.001% tetrahydrocannabinol (THC), the main psychoactive in marijuana.
See also: Dagga ingredient CBD just became fully legal for anyone to sell in South Africa – but only for the next year.
The same is true for various other imported preparations containing CBD, many of which market themselves based on their strength or the high concentration of CBD they contain.
Some retailers too are not taking any chances either. On Tuesday, after questions from Business Insider South Africa, health retailer Faithful to Nature yanked from its virtual shelves CBD products that it had been promoting to its customers on the weekend.
“We want to be sure we do this right,” the retailer’s CEO Katrien Grobler told Business Insider, confirming it had removed between 25 and 50 products from sale immediately – due to rules that had been intended to make CBD more easily available.
Generally speaking a consumer who buys a Schedule 4 drug improperly is still breaking the law, even if ignorant of that law, warned Werksmans’ Michael, and as a defence “ignorance of the law only takes you so far”.
Her advice is to assess products and determine for yourself if they are legal to buy.
The same preparation was on Tuesday still available from various other online retailers.
Because it is not a good idea to speak to the priorities of law enforcement, he said, it is best not to bet on the authorities choosing not to pursue buyers.