Ireland: Case Summary – High Court: Criminal proceedings stayed for hemp retailer to challenge laws on importation of CBD products

Ireland: Case Summary – High Court: Criminal proceedings stayed for hemp retailer to challenge laws on importation of CBD products
CANNANNEW REPORT

Irish Legal News The High Court has granted an injunction to place a stay on the criminal prosecution of a hemp retailer until the conclusion of separate proceedings challenging Irish laws relating to the importation of CBD products. It was argued that the products in question had no psychoactive aspect and were not drugs within the meaning of EU law. About this case: CITATION: [2022] IEHC 291 JUDGMENT: External link COURT: High Court JUDGE: Ms Justice Emily Egan Delivering judgment in the case, Ms Justice Emily Egan applied the principles for injunction applications and held that the plaintiff was entitled to a stay on the criminal prosecution. Background The plaintiff was the owner and operator of a company which specialised in the sale of hemp related products and products containing cannabinol (CBD) and CBD derivatives. The plaintiff was subject to three different prosecutions by the DPP for the possession and supply of cannabis, a controlled drug, after green plant material was found by Gardaí in 2020. The plant material was analysed and contained tetrahydrocannabinol (THC) which was the psychoactive constituent of cannabis. The plaintiff claimed that he ordered the products from a Welsh company and that the hemp was grown in Switzerland. A sample of the plant material in the first prosecution had been independently tested and revealed a THC content of less than 0.2 percent. Accordingly, it was argued that the hemp was not a psychoactive drug and that the plaintiff should not be prosecuted for the offences. The position in domestic law was that the possession, production, supply or importation of cannabis (which included hemp), CBD and CBD derivates was unlawful unless specific exemptions applied. None of the exemptions applied to the plaintiff. Under EU law, the production and importation of hemp products which contain a THC content…

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Source : Ireland: Case Summary – High Court: Criminal proceedings stayed for hemp retailer to challenge laws on importation of CBD products

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