The Irish Government are challenging the European Courts ruling on low THC (<0.2%) products
On November 19, 2020, the European Court of Justice (ECJ) delivered the conclusions for the so-called “Kanavape” Case (C-663/18). The judgment provides some much-needed clarity over the status of CBD in the EU and whether it should be classified as a narcotic substance. ( https://www.obelis.net/news/cbd-acceptability-in-the-eu-after-the-latest-ecj-judgement/ )
One of KanaVapes vape cartridge products. This is the company at the center of the ECJ ruling
The ECJ concluded that “A Member State may not prohibit the marketing of cannabidiol (CBD) lawfully produced in another Member State when it is extracted from the Cannabis sativa plant in its entirety and not solely from its fibre and seeds”. The case is particularly relevant as it clarifies that CBD derived from whole-plant hemp extracts cannot be qualified as narcotic substances.Many of the CBD stores in Ireland have ongoing cases in Irish courts where they hope this ruling can be used in their favor but now it seems like the Irish government are actively trying appeal this ruling.
This effort by the Irish government to challenge the ECJ has come to light due to TD Paul Murphy (People Before Profit/Solidarity) who asked the health minister (Stephen Donnelly) if his attention has been brought to the ruling of the ECJ in a case where it was ruled that EU member states may not prohibit the marketing of a cannabis product when it is extracted from the cannabis sativa plant in its entirety.
Paul Murphy also asked for ‘clarification on the way Ireland will implement workable rules that are consistent with EU legislation and regulations’.
The response he got is when it was then revealed the Irish state was actively challenging this ruling. The health minister Stephen Donnelly said “The matters raised are sub judice, currently the subject of a legal challenge in which the Minister for Health is a respondent and can therefore offer no further comment”.
Steve also failed to offer any clarity on the State’s plans to implement the decision should it lose its appeal. The Department of Health refused to answer further questions on the subject when pressed by journalists.
Steve is no stranger to Cannabis having admitted to smoking it in the past as well as having admitted to supporting the idea of legalising it for adult use. When asked if he enjoyed his use of Cannabis he said
“Yeah. Most of the time, yeah”.
When asked have you ever tried anything else? He replied;
“I have, many years ago. I have, but that’s all the detail I’m going to go into.”
In the interview he also admitted to visiting a Strip Club. He said he found the experience “deeply uncomfortable”.
Stephen deeply uncomfortable while high at the Strip Club
When asked about legalising cannabis stephen replied
“I’d like to find a way to decriminalise small quantities of weed. If a grown adult wants to grow a herb and then smoke it, and there are no negative consequences for other people, then they should be allowed to do that. However, any such approach would have to be done in the context of medical research showing that smoking weed as a minor can lead to longer-term mental health challenges. It would also need to be done mindful of ‘drug tourism’ – a la Amsterdam – which is not something we want here”.
If Stephen once supported the idea of Cannabis legalisation why now is he trying to be a barrier to access to even low THC products? My suspicion is that the Irish state are fighting this in order to avoid a situation where you can legally possess a low THC (<0/2% THC) cannabis flower as this will make it virtually impossible for Gardaí to enforce the prohibition of high THC (>0.2%) cannabis flowers. Gardaí could no longer stop and search people who smell like Cannabis. If you have low THC flowers in your possession then Gardaí won't be able to test them without having to pay you for the destruction of your property in the process of testing it. The reality is if this ruling is upheld and low THC Cannabis flowers are legal in Ireland then effectively the prohibition of Cannabis is no longer possible without it costing the state far far more than they can afford to pay.
It seems I am not alone in this belief with Little Collins CBD Dispensary posting this tweet yesterday
Key takeaway -->
— Little Collins CBD Dispensary (@little_cbd) October 11, 2021
"Mr Donnelly also failed to offer any clarity on the State’s plans to implement the decision should it lose its appeal."
This is the primary reason we've been treading water for nearly 3 years. They've no clue what to do if/when they lose!
✊🌿#trojanhorse
What are your thoughts? Do you think a ruling in favor of low THC products would be a Trojan Horse to Cannabis legalisation?
One thing is for sure though there has been a lot of talk about cannabis and its prohibition lately with more and more people in support of end its prohibition.
Red Sea Poll results May 2021 (medical and adult use)
The Journal Poll June 2021 (adults use)
