CITY TRIBUNE

CBD dispensary owner charged with having cannabis for sale

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The owner of a city shop which dispenses products containing derivatives of the cannabis plant, has been charged with drug dealing offences – following the seizure of an estimated €120,000 worth of cannabis at his business premises and at his home last year.

James O’Brien (41) of Portacarron, Oughterard, runs the Little Collins CBD dispensary with his wife at 25 Upper Abbeygate Street, Galway.

Mr O’Brien appeared before Galway District Court charged with having cannabis in his possession at the shop and again at his home in Portacarron on May 10, 2019.

He was also charged with having cannabis for sale or supply to another at both locations on the same date.

Sergeant Aoife Curley, prosecuting, said the value of the drugs seized was €80,000 at the first location and €40,000 at the second.  The DPP had directed the charges be dealt with at District Court level, she said.

Judge Fahy was amazed the DPP should direct the charges involving such a large value be kept in the District Court.

Sgt. Curley explained that although the value of the drugs seized was extremely high, it involved a different type of cannabis which had a very low threshold for potency.

“Some would argue this type of cannabis is legal,” she said.

Judge Fahy said she now understood the DPP’s decision.  “The cannabidiol, which is legal, does not have the ingredient that gives the ‘high’ that ‘normal’ cannabis gives, but if it does give that ‘high’ it’s illegal,” she said.

Defence solicitor, Sean Acton, said the legal situation pertaining to the type of cannabis seized from his client was ‘a minefield’.

“This is a matter that will end up elsewhere.  Customs know that.  It’s about THC (the psycho-active chemical in cannabis).  Anything less than 0.3% which is the European standard is legal, but Ireland has not adopted that law yet.

“There is a lacuna in the (Irish) law. This was 0.2%,” he said.

Judge Fahy asked if this had been a shop setting; Sgt. Curley clarified it was a shop and also a home setting. She said the charges read ‘cannabis’ – because it was cannabis.

Mr Acton said the substance had been tested abroad and was below the European law threshold (of 0.3%), but, he said, Irish law does not differentiate.

There is confusion over the legality and sale of Cannabidiol in Ireland.

Unlike other derivatives of the cannabis plant, CBD is not psychoactive and is legal in most European countries. However, under the Misuse of Drugs Act 1977, all derivatives of cannabis and hemp containing THC are illegal in Ireland – even if they contain only trace amounts.

Mr Acton said the substance was imported because it could be imported from one EU State into another EU State and it was legal.

He said a decision was due this month in the European Court about this matter.

Judge Fahy said this was not “a classic Section 15 (drug dealing) charge” and that was why the DPP had directed it be dealt with in the District Court.

“It’s the first here in Galway but I have heard about it with regards to the ingredient,” Judge Fahy added.

Mr Acton said he would in time be bringing a legal challenge against the State and he applied to the court to have the matter adjourned.

Judge Fahy accepted jurisdiction to deal with the case in her court and she remanded Mr O’Brien on continuing bail to appear back before the court again on March 1, to give Mr Acton time to look into the legality of the issue and clarify European law.
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