Wednesday, 17 February 2021

Questions (768)

Mick Barry

Question:

768. Deputy Mick Barry asked the Minister for Health if he plans to bring amendments to the Misuse of Drugs Act 1977 to ensure that plants containing cannabidiol, CBD, with a tetrahydrocannabinol, THC, content of less than 0.2% can be grown without fear of prosecution and to align Irish law with EU legislation on the matter; and if he will make a statement on the matter. [8325/21]

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Written answers (Question to Health)

The two most common active components found in cannabis oil are tetrahydrocannabinol (THC) and cannabidiol (CBD).

THC is the principal psychoactive constituent of cannabis. Under the Misuse of Drugs legislation products containing THC are strictly controlled and possession is unlawful except under licence.

CBD is derived from cannabis. However, since CBD alone it is not psychoactive it is not controlled under the Misuse of Drugs legislation.

Under the Misuse of Drugs Acts 1977-2016 and the Regulations and Orders made thereunder- it is an offence to cultivate, import, export, produce, supply and possess cannabis except in accordance with a licence.

The Misuse of Drugs (Designation) Order 2017 (Statutory Instrument 174/2017) states that the manufacture, production, preparation, sale, supply, distribution and possession of the drugs specified in Schedule 1 is unlawful except for the purposes specified in Schedule 2, namely research, forensic analysis or use as an essential intermediate or starting material in an industrial manufacturing process. This includes cannabis.