Many Irish CBD businesses are continuing to challenge the police and the Irish state to secure the emerging industry’s future.
On the 18th of January 2022, several lawyers that represented 6 CBD business all with similar legal battles appeared before the High Court in Ireland regarding an ongoing judicial review of the Irish Government’s interpretation of the law.
In a separate legal action, the Hemp Federation of Ireland (HFI) has provided notice of legal proceedings which asks the Irish Government to provide a coherent regulatory framework across the entire Hemp industry which would allow a CBD and Hemp industry to grow and flourish, potentially even competing with its European counterparts.
The hearing that is to take place this January, will see two Irish companies ask the Irish High Court to deem the criminal charges brought against them under the 1977 Irish Misuse of Drugs Act unconstitutional and an inhibition of their livelihoods and an infringement on their property. Both of which are a contravention of EU law.
The European Court of Justice decision in the KanaVape case, which resulted in the decision that the sale of CBD with less than 0.2% THC is permitted, is simply being ignored by the Irish Government and many authorities in Ireland remain focused on the 1997 Irish Misuse of Drugs Act.
What is behind Ireland’s recent hard stance against CBD is not clear. There is concern in Ireland that the CBD and medical cannabis industries will become dominated by pharmaceutical companies and established North American cannabis companies, which will result in Irish natives missing out on the opportunity to build a generational business within cannabis.
There have been many CBD shops that have been raided by the police under the guise of drug trafficking offences, for which the prison sentence is up to 14 years.
It seems foolish for Ireland to miss out on what could be a huge opportunity to grow a serious industry and create jobs & tax revenues.