Courts / Tipperary / Report
Prosecution halted to allow businessman challenge drug laws
Summary
The High Court has ordered a stay on three separate criminal prosecutions against Mark Jenkins, the owner of two coffee shop and retail businesses in Clonmel and Dungarvan that sell hemp products and items containing cannabidiol (CBD). Jenkins, who has challenged Ireland's 1977 Misuse of Drugs Act on the grounds that it breaches his constitutional rights and EU law, claims that the products sold by his businesses contain only trace amounts of tetrahydrocannabinol (THC) – the principal constituent of cannabis – and that these amounts are within the limits set by EU regulations. The first set of charges arose from a February 2020 Gardai search that seized plant material with THC content not exceeding 0.2%, a figure that Jenkins says is supported by an independent test. The second and third sets of charges stem from July 2020 and May 2020 seizures, respectively, for which independent analyses are pending.
Who, what, where, when and why
What: Report matter: Prosecution halted to allow businessman challenge drug laws. Charges or matters: offences under the 1977 Act relating to an alleged intention to supply and possess a controlled drug, namely cannabis. Procedural stage: charge_or_pretrial
When:
- February 2020 Incident
- July 2020 Hearing Or Sentence
- May 2nd, 2020 Other
- 2022-05-20 Publication
Case subjects
Accused
Charges: offences under the 1977 Act relating to an alleged intention to supply and possess a controlled drug, namely cannabis (Alleged Or Contested)
Places mentioned
- Aodhan O'Faolain The High Court
- High Court
Topics
Drugs Stage Charge Or Pretrial
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