Courts / Louth / Report

Test challenge to Ireland's outright cannabis ban opens before High Court

Summary

An action challenging Ireland's 1977 Misuse of Drugs Act, which bans all products containing any amount of THC, has been opened before the High Court. The case was brought by Andrius Rogusas, who had oils imported from Slovenia seized by customs on 21 October 2020 because they contained THC. Rogusas argues that the goods, made in another EU country and containing less than 0.2% THC, are not narcotic drugs and that the ban contravenes EU law on the free movement of goods. He cites a Court of Justice of the European Union decision that allows products with less than 0.2% THC to be sold within the EU and claims that the State has failed to conduct the scientific assessments required to justify the ban. The State, represented by the Ministers and the Attorney General, maintains that THC is a controlled drug and that the ban is lawful. The hearing before Mr Justice Alexander Owens continues.

Who, what, where, when and why

What: Report matter: Test challenge to Ireland's outright cannabis ban opens before High Court. Procedural stage: hearing_or_decision

When:

• October 21 2020 Hearing Or Sentence
• 2022-07-14 Publication

Why: Mr Fanning said that the court should not be left with the impression that Ireland is out of kilter with other nations on this issue and argued that the reliefs sought by the applicant should not be granted because of the narrow findings made in one case by the CJEU. CNI source report

Places mentioned

Topics

Drugs Stage Hearing Or Decision

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Read the original CNI report