Dáil Éireann Debate, Tuesday - 25 July 2023
1212. Deputy Pauline Tully asked the Minister for Health the reason that Statutory Instrument number 237 of 2023 does not reflect the fact that the THC content in the EU hemp crop is legally regulated under the EU Common Agricultural Policy; and if he will make a statement on the matter. [36073/23]
View answerHemp is a plant of the genus Cannabis Sativa L. Cannabis is a Schedule 1 controlled drug and is subject to the strictest levels of control. Possession is only permitted by licence.
Statutory Instrument 237/2023, the Misuse of Drugs Act 1977 (Controlled Drugs) (Designation) (Amendment) Order 2023 amends Statutory Instrument 211/2022, the Misuse of Drugs Act 1977 (Controlled Drugs) (Designation) Order 2022. The Designation Order correctly does not reflect that the THC content in the EU hemp crop is legally regulated under the EU Common Agricultural Policy.
In Ireland, the Misuse of Drugs framework is the only legislative framework for the regulation of controlled drugs, not Common Agricultural Policy Regulations. THC is a cannabinol derivative, and is a schedule 1 controlled drug under the Misuse of Drugs Regulations 2017 and is subject to the strictest control measures.
Schedule 2(b) of the Designation Order, states that subject to the licensing provisions of the Misuse of Drugs framework, the growing of hemp shall be permitted from seed varieties specified by the Commission of the European Communities, as being eligible for the purposes of Regulation (EU) 2021/2115 of the European Parliament and of the Council of 2 December 2021 (establishing rules on support for strategic plans to be drawn up by Member States under the common agricultural policy (CAP Strategic Plans) and financed by the European Agricultural Guarantee Fund (EAGF) and by the European Agricultural Fund for Rural Development (EAFRD) and repealing Regulations (EU) No 1305/2013 and (EU) No 1307/2013) , as supplemented by Commission Delegated Regulation (EU) 2022/126 (supplementing Regulation (EU) 2021/2115 of the European Parliament and of the Council with additional requirements for certain types of intervention specified by Member States in their CAP Strategic Plans for the period 2023 to 2027 under that Regulation as well as rules on the ratio for the good agricultural and environmental condition (GAEC) standard 1).
THC is a cannabinoid derived from the flowering top of the hemp plant. These agricultural Regulations specify that hemp may only be cultivated using certain seed varieties which produce a hemp plant containing up to 0.3% tetrahydrocannabinol (THC). This does not mean that cultivators have legal access to the flowering tops of the plant i.e. THC .
In Ireland, before a licence will issue, applicants for a licence to grow hemp for fibre must sign an undertaking that the flowering top of the hemp plant will not be further processed and must be destroyed on harvesting. The hemp for fibre cultivation licence, issued pursuant to Section 14 of the Misuse of Drugs Act 1977 permits the cultivation of the hemp plant for fibre purposes only, it does not permit the possession of a schedule 1 controlled drug such as THC.
