Edibles, Children and the Regulatory Lacuna – Why Clear Rules Still Matter

A recent opinion piece by Lael Bethlehem in Business Day (25 September 2026) has again highlighted a persistent problem in South Africa’s cannabis landscape: the absence of clear, purpose-built rules for cannabis and hemp edibles is creating risks, particularly for children. 

Gummies, chocolates and other infused products are widely available online and in some retail spaces. Many are packaged in ways that resemble ordinary sweets. Warnings are often less prominent than those required on tobacco products. In some cases the products appear to exceed the low CBD thresholds that allow complementary-medicine status, or contain undeclared THC levels.

The Current Legal Patchwork

Cannabis edibles sit uncomfortably between several regimes:

•  Medicines and Related Substances Act / SAHPRA: Low-dose CBD products that meet strict limits (maximum 20 mg CBD per day, 600 mg per pack, only low-risk claims) can be treated as Schedule 0 complementary medicines. Higher doses or THC-containing products fall under stricter scheduling.

•  Foodstuffs, Cosmetics and Disinfectants Act: Cannabinoids are not approved food additives. A 2025 attempt to impose a blanket prohibition on cannabis and hemp in foodstuffs was withdrawn after political intervention, leaving the underlying prohibitionary position largely intact.

•  Cannabis for Private Purposes Act: Protects private adult use and home preparation. It does not authorise commercial manufacture or sale of edibles.

The result is a lacuna. Products that are neither clearly regulated as medicines nor permitted as ordinary food continue to circulate. Packaging and labelling standards specifically designed for edibles — child-resistant packaging, clear dosing information, prominent age restrictions and content disclosure — have not been comprehensively established.

Why Children Are Particularly Exposed

Edibles present distinct risks compared with smoked or vaporised cannabis. Onset is delayed, duration is longer, and dosing can be difficult to control, especially when products look and taste like confectionery. Young children are more vulnerable to accidental ingestion. Adolescents may be more likely to experiment with products that do not carry the same social signalling as traditional cannabis use.

Bethlehem’s piece correctly notes that the complementary-medicine rules were not written with gummies and sweets in mind. Without dedicated standards for appearance, packaging, marketing and age-gating, the protective intent of the low-dose CBD pathway is undermined.

What Proper Regulation Would Require

A coherent approach would need to address at least the following:

•  Clear distinction between low-dose CBD complementary medicines, higher-dose or THC-containing products, and any future adult-use edible category

•  Mandatory child-resistant packaging and clear, prominent labelling of cannabinoid content

•  Restrictions on packaging and marketing that appeal to children

•  Age verification and controlled retail channels

•  Consistent enforcement against non-compliant imported and locally produced products

•  Alignment between SAHPRA, the Department of Health and food-control authorities so that products cannot simply claim to be “food” or “medicine” depending on convenience

Until these elements are in place, the combination of wide availability, attractive packaging and regulatory ambiguity will continue to create unnecessary risk.

Broader Context

The edibles question is one more example of the incomplete nature of South Africa’s cannabis reform. Private use was recognised in 2018. Commercial frameworks for medicinal cannabis and industrial hemp have advanced unevenly. Traditional and rural growers are only now the subject of dedicated policy work. Consumer-facing products such as edibles have been left in a grey zone that serves neither public health nor legitimate industry well.

Clear rules are not the enemy of access. They are the condition for sustainable, responsible access. Children should not be the ones who discover the gaps in the system.

Source:

•  Lael Bethlehem, Business Day, 25 September 2026: https://www.businessday.co.za/opinion/2026-09-25-lael-bethlehem-lack-of-clear-cannabis-rules-puts-children-at-risk/