Ireland, between calls to decriminalize cannabis and the hunt for CBD

The strange thing about drug policy is that, within a single country, several opposing trends can occur at the same time. Today, in Ireland, a parliamentary commission is recommending at the very least the decriminalization of drugs, while the Supreme Court is taking a hard line on CBD products.

The regulation of drugs such as cannabis should be examined

On the flip side, a new report from Parliament's Justice Committee recommends that the Irish government examine the legalization of certain drugs and authorize the cultivation of others on a «not-for-profit» basis. The main aim of these measures would be to reduce the impact of the current black market in illicit substances.

Committee chairman James Lawless, of Fianna Fáil, said their thinking was based on a «three-pronged approach» to Irish drug policy, consisting of speeding up the current decriminalization process, to examine a policy of drug regulation and improve existing aid for addiction.

Regarding drug regulation, James Lawless said it needed to be looked at in an «Irish context» and that a «managed market» could make drugs that currently exist on the black market safer.

«In regulation, there would be the concept of having a commercial product and having the product available, which can be controlled, managed, licensed, weighed, tested for compliance, safety, content in a way that is clearly not the case now,» he declared.

The commission also recommended that «further research» be carried out into the pros and cons of «social clubs», which can be used to grow personal quantities of cannabis or other substances for members.

CBD hunting

On the flip side, a Supreme Court decision that ignores conclusions of the KanaVape judgment could expose the Irish government to financial penalties and the threat of further sanctions from the European Commission.

Last month, the High Court ruled that CBD products containing THC are illegal in Ireland, in direct contradiction to the KanaVape ruling due in November 2020 by the European Court of Justice (ECJ).

The case in question involved Andrius Bogusas, from Dundalk, whose CBD oils from Slovenia were seized by customs in October 2020, on the grounds that they were prohibited by national legislation.

The defendant argued that they could be imported under European Union (EU) law, as established in the KanaVape case, but in his High Court judgment, Judge Alexander Owens held that they were illegal because they contained THC.

Andrius Bogusas must now appeal, and more than a dozen similar cases are currently before the Irish courts.