Updated: Feb 8, 2021
Little Collins shop has been raided 3 times, their home has been raided, their CBD products have been seized and they have been told they will be closed down. But this has gone too far now.
Alicia Maher of Patients For Safe Access writes:
It’s so upsetting to read what’s unfolding at Little Collins CBD Dispensary. Last week their Kilkenny café was raided and they were advised that their products which contain 0.2% of THC or less is against the Misuse of Drugs Act 1977. They currently have a case for judicial review pending in the High Court. Their shop has been raided 3 times, their home has been raided, their CBD products have been seized and they have been told they will be closed down. But this has gone too far now.
Not only is it illogical/immoral to continue to do this, Irish legislation is clearly inconsistent with EU case law since the Kannavape case last year. In light of that judgment, the European Commission also concluded that CBD should not be considered as a drug under the United Nations Single Convention on Narcotic Drugs of 1961. However, CBD which contains any amount of THC is being treated as a narcotic in Ireland, despite the Misuse of Drugs Act 1977 being silent on whether concentrations of 0.2% are controlled substance.
In November 2020 the Court of Justice of the European Union ruled that CBD is not a narcotic under EU law (the 1961 UN Convention) because it doesn’t have any psychotropic effects or any harmful effects on human health on the basis of available scientific data. The court also ruled that EU states cannot ban the marketing of CBD legally produced in another member state.
The case centered on whether a company in France could sell a CBD product which was extracted from the Cannabis Sativa plant in its entirety and not solely from the leaves and seeds. The cannabis variety from which the oil was extracted was grown lawfully in the Czech Republic and had a THC content not exceeding 0.2%. The court stated that it would be contrary to the purpose and general spirit of the Single Convention to include CBD under the definition of ‘drugs’ within the meaning of that convention as a cannabis extract. This means that prohibiting imports of CBD from other member states is contrary to EU law.
Something I also came across and found interesting, CBD was completely banned in Italy last year but the ban was overturned within 2 weeks.
Under a decree issued by the Ministry of Health on the 15th of October last year, CBD was classified as a narcotic in Italy and was listed to the country’s list of medicines which meant that all other CBD was banned from the Italian market. Their Customs and Monopoly Agency warned retailers not to hold or sell CBD flowers, oils or other products containing substances derived from hemp sativa. However, it was reported at the same time that the banning of CBD from the market was ‘in part, in preparation for the introduction of Epidiolex’ manufactured by GW Pharmaceuticals. But on the 30th of October the decree banning CBD was nullified based on opposition from the EIHA, Federcanapa and the Italian Hemp Federation who said they were going to fight the ban in the Regional Administrative Court. Not good news for GW Pharmaceuticals though, who would have had a monopoly on the CBD market had the ban not been overturned. And not forgetting this is the same GW Pharmaceuticals that was last week acquired by Irish company Jazz Pharmaceuticals for $7.2 billion, their product Epidiolex is currently undergoing formal pricing assessments in Ireland.
So who’s interests exactly are being protected here as it seems that it is small independent business that are being targeted. Companies such as Holland and Barrett who also stock CBD oils, some of which also contain traces of THC, have never been raided.
This is an area in need of urgent legislative clarification. The state is still taking such action knowing that Irish legislation is in breach of recent EU rulings. This is having a devastating impact, something has to be done asap.
Pictures below are from Little Collins Twitter today. Thoughts are with their family.