A businesswoman has failed in a High Court challenge to Ireland’s laws on drugs relating to the sale of products containing a small amount of the psychoactive ingredient of cannabis.
Denise Lynch, who since April 2021 operated the 'D Hemp Shop' at Market Street, Cootehill, Co Cavan, and a related online shop, had brought the challenge against the Minister for Health, the Garda Commissioner, the Government of Ireland and the State.
She claimed that, provided that the quantity of the psychoactive ingredient - known as THC (tetrahydrocannabinol) - in a product fell below a certain threshold, the product did not constitute a “drug” or “narcotic” for the purpose of EU law.
It meant that products containing less than 0.2pc THC constituted a conventional “good” subject to the principle of the free movement of goods under the Treaty on the Functioning of the European Union, it was argued.
The respondents rejected her claims and opposed her challenge.
Ms Lynch’s shop and home were searched by gardai in September 2021.
A number of items were seized including CBD (cannabidiol) oils, hemp protein, CBD coffee, “Hempture” buds, massage oils and a product described as “life serum”. Some were returned while others were retained.
She was later charged with the unlawful possession of cannabis and cannabis resin and with the possession of cannabis and cannabis resin for sale or supply. Her case is pending before the District Court.
In the meantime, she brought her High Court challenge.
In a judgment on Thursday, Mr Justice Garrett Simons said similar arguments advanced by Ms Lynch had already been rejected by another High Court judge in another case (the Andrius Bogusas case) in November 2022.
In relation to Ms Lynch's claim that the law interferes with her right to earn a livelihood, the grounds put forward were, the judge said, "makeweight grounds only.
No meaningful attempt has been made to substantiate these grounds on either the facts or the law". He dismissed her challenge.
Ms Lynch's solicitor, Ciaran Mullholland, said after the judgment that it is intended that there will be an appeal filed "in early course".
He said it is his side's view that there still needs to be clarification on the "discrepancies between EU and domestic law on the issue of hemp and THC levels".
