Courts / Cork / Report
'Vast uncertainty' as to whether dried cactus extract is controlled drug, appeal told
Summary
The Court of Appeal was told that there is "vast uncertainty" about whether the dried extract from certain cacti that contain mescaline is a controlled substance under the Misuse of Drugs Act 1977. Alexander Rojas Rey, 44, was charged with possession of mescaline for sale or supply and possession of the same drug at his home. He pleaded not guilty but was found guilty and received a community service order of 100 hours in lieu of 12 months' imprisonment. Rey appeals on the basis that Judge James McCourt erred by refusing to determine whether the substance was a controlled drug and by allowing the jury to decide a question of law. Defence counsel Peter O'Flynn argued the powder was merely dried plant material and not covered by the Act, while the Director of Public Prosecutions maintained that the powder contained mescaline, a scheduled substance. The judgment is reserved.
Who, what, where, when and why
What: Report matter: 'Vast uncertainty' as to whether dried cactus extract is controlled drug, appeal told. Charges or matters: two drugs offences; being in possession of mescaline for sale or supply, contrary to section 15 of the Misuse of Drugs Act 1977, and to possessing the same drug, contrary to the same act, at his home on January 23, 2018. Procedural stage: appeal. Findings: Found guilty
When:
- January 23, 2018 Incident
- November 2019 Incident
- 2021-12-16 Publication
Case subjects
Appellant
Charges: two drugs offences; being in possession of mescaline for sale or supply, contrary to section 15 of the Misuse of Drugs Act 1977, and to possessing the same drug, contrary to the same act, at his home on January 23, 2018 (Proven)
Plea: Not guilty
Finding: Found guilty
Outcome: Found guilty; He was found guilty after a trial, however, and in November 2019 at Cork Circuit Criminal Court was given a community service order of 100 hours in lieu of 12 months' imprisonment.
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