Misuse of Drugs

Dáil Éireann Debate, Wednesday - 17 February 2021

Wednesday, 17 February 2021

Ceisteanna (694)

Gino Kenny

Ceist:

694. Deputy Gino Kenny asked the Minister for Health if his attention has been drawn to the recent EU ruling in a case (details supplied) in which the Court of Justice of the European Union ruled that cannabidiol, CBD, is not a narcotic under EU law within the meaning of the 1961 United Nations Single Convention on Narcotic Drug as it does not have any psychotropic or harmful effects on human health on the basis of available scientific data; if his attention has been further drawn to the fact that the court also ruled that EU states cannot ban the marketing of CBD legally produced in another member state; the measures in progress to amend the Misuse of Drugs Act 1977 to reflect this ruling; and if he will make a statement on the matter. [8080/21]

Freagraí scríofa

Minister for Health

Cannabis, cannabis resin, cannabinol and cannabinol derivatives are controlled under Schedule 1 of the Misuse of Drugs Regulations 2017 – 2020.

There is no reference to extracts of the cannabis plant being controlled in these Regulations. Products containing CBD, that are extracted from the whole Cannabis sativa plant, are not considered controlled in their own right, but may contain controlled substances, such as delta-9-tetrahydrocannabinol (THC).

The final CBD product placed on the market must not contain any level of THC as there is no permitted level of THC. The product must also comply with the relevant legislation (e.g. food legislation, cosmetics legislation).