Ireland: Market and regulatory data analysis of the cannabis sector

15th November 2024: Ireland: One of the current ruling parties, the Fianna Fail party, has expressed its support for the decriminalisation of drugs for personal use in the party’s political manifesto for the general elections to be held on 29th November 2024. According to polls, Fianna Fail is the second most supported party – preceded by its current partner in government, Fine Gael. This makes it likely for both parties to form a coalition after the elections. However, Fine Gael’s position is not as positive towards decriminalisation. Simon Harris, Fine Gael's president and Ireland’s prime minister, has said, in response to the Fianna Fail manifesto proposal, that he disagreed with a move to decriminalise casual drug-taking.
29th October 2024: Ireland: The Oireachtas (Irish parliament) Committee on Drug Use has recommended the decriminalisation of consumption and possession of cannabis for personal use in small quantities and the legalisation of cannabis social clubs in their Interim Report. The report says these clubs have been operating for years in places such as Spain. The Labour Party has issued a statement saying they support the report’s recommendations.
29th May 2024: Ireland: The Health Service Executive (HSE) has shown its concern about the use of vaping products containing HHC among teenagers, press reports. According to the HSE, 20% of young people attending adolescent addiction services presented issues related to the consumption of HHC-containing vaping products. The HSE’s clinical lead on addiction, Eamon Keenan, has said that he aims to propose the inclusion of HHC in the list of banned substances. As of today, since HHC is not considered a banned substance, vaping products containing HHC can be sold legally.
13th November 2023: Ireland: A motion to decriminalise the possession of small quantities of cannabis was rejected this weekend at the left-wing party Sinn Féin's annual conference, press reports. The proposal also aimed to schedule cannabis as a controlled medicinal product and establish a legal framework in the country.
25th October 2023: Ireland: The Citizens' Assembly on Drugs Use held a meeting on 23rd October in which it presented 36 recommendations to the government and the Oireachtas (Irish parliament), including the decriminalisation of drugs for personal use. Possession and consumption of cannabis, regardless of its amount, is currently considered a criminal offence in Ireland.
15th December 2022: Ireland: The Joint Committee on Justice has published a report on an examination of the present approach to sanctions for possession of drugs for personal use. It recommends expanding the Medical Cannabis Access Programme so more sufferers from chronic illness can access cannabis when other treatments have failed to relieve symptoms. On recreational cannabis, it recommends allowing cultivation at non-profit level, in small quantities and for personal use.
24th November 2022: Ireland: Dáil (parliament) member Gino Kenny of the left-wing People Before Profit / Solidarity party today introduced the Misuse of Drugs (Regulation of Cannabis) Bill. If passed, it will mean the possession of up to 7 g of cannabis or 2.5 g of cannabis resin for personal use by anyone aged 18 or over will no longer be a criminal offence.
14th November 2022: Ireland: On 11th November, the Irish High Court published the ruling we previously reported on concerning the case contesting the zero-tolerance policy for any THC in CBD products in the country. The case was brought by a company that had products imported from Slovenia containing small amounts of THC seized in October 2020. The company argued that, according to the European Court of Justice ruling in the Kanavape case, products with less than 0.2% THC can be manufactured and sold within the EU and cannot be completely banned by member states. The court has rejected the case on the grounds that THC is a controlled drug in Ireland. The judge also said evidence demonstrates the dangers associated with the products and that the present regulatory regime is justified.
10th November 2022: Ireland: The Irish High Court has rejected a case contesting the zero-tolerance policy for any THC in CBD products in the country, press reports. The case was brought by a company which had products imported from Slovenia containing small amounts of THC seized in October 2020. The company argued that, according to the European Court of Justice ruling in the Kanavape case, products with less than 0.2% THC can be manufactured and sold within the EU and cannot be completely banned by member states. The court rejected the case on the grounds that THC is a controlled drug in Ireland. The judge also said the company was “not entitled to an order requiring the Minister for Health to revisit the current restrictions on substances that contain any amount of THC”.
27th October 2022: EU: The Directorate General for Internal Market, Industry, Entrepreneurship and SMEs has told CannIntelligence that some EU member states expressed concerns during the 1st March meeting of the Working Group on Cosmetic Products over the fact that the draft non-paper presenting the European Commission’s preliminary views on the impact of the Kanavape case on the cosmetics sector establishes THC limits. They were worried that existing national legislation might conflict with the establishment of THC thresholds for cosmetic products. Ireland commented during the meeting that “there is no approach to have THC thresholds/limits at national level”, a view supported by Sweden.
7th October 2022: EU: The minutes of the 1st March 2022 meeting of the Working Group on Cosmetic Products have been published this week. While discussing CBD in cosmetic products, Ireland “commented that ... there is no approach to have THC thresholds/limits at national level”, while Sweden supported Ireland’s position. CBD-Intel is inquiring with the relevant authorities for further clarification, though the statement might refer to the lack of a provision in the draft non-paper allowing member states to establish a THC threshold for CBD in cosmetic products. Sweden considers that a cosmetic product containing THC, regardless of the quantity, is a preparation under the Convention on Psychotropic Substances and therefore considered a “drug”.
26th July 2022: Ireland: The High Court will decide in October whether CBD companies can operate in Ireland, press reports. It follows a series of court proceedings brought by CBD companies whose products have been seized under the Misuse of Drugs Act 1977, which bans products that contain any quantity of THC. They argue that the act is contrary to the European Court of Justice ruling in the Kanavape case.

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