Courts / Louth / Report

High Court dismisses important test action challenging ban on selling THC products

Summary

In a High Court judgment on 9 November 2022, Mr Justice Alex Owens dismissed a test action brought by businessman Andrius Bogusas challenging Ireland's ban on the sale of any products containing THC. The court found that the evidence showed THC's dangers and that the current regulatory regime was justified. Mr Bogusas, who sought to import and sell hemp‑oil products with less than 0.2 % THC, was not entitled to rely on EU law or the Treaty on the Functioning of the EU to override Ireland's 1977 Misuse of Drugs Act. The judge noted that Ireland and other member states are bound by the 1971 Convention on Psychotropic Substances, which precludes permitting such products. The action was also found to have been filed outside the three‑month statutory time limit, and the court was not satisfied that an extension was justified. The case was dismissed with no orders granted.

Who, what, where, when and why

What: Report matter: High Court dismisses important test action challenging ban on selling THC products. Procedural stage: hearing_or_decision

When:

• October 21st 2020 Hearing Or Sentence
• 2022-11-09 Publication

Why: Even if Articles of the TFEU were to be treated as "presumptively applicable" to the selling of hemp oil containing THC in Ireland because it is allowed in other EU countries, the judge said that the evidence before the court had shown the dangers associated with THC and that the "present regulatory regime is justified". CNI source report

Places mentioned

Topics

Drugs Stage Hearing Or Decision

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Read the original CNI report