The legality of the sale of CBD oil was brought into question at Waterford District Court last month, as a shop owner appeared before Judge Kevin Staunton over their sale of the products.
Jasan Singh (35) of 11 The Vee, Cork Road, Waterford, was charged with possession of controlled drugs for unlawful sale and/or supply, contrary to Section 15 of the Misuse of Drugs Act, 1977. This related to a search that was undertaken by Gardaí of his shop Good Vibes on Parnell Street, Waterford, where they found a number of products containing CBD oil that were for sale.
CBD products must contain less than 0.2% tetrahydrocannabinol (THC), the main psychoactive ingredient in the drug, in order to be legally sold in Ireland.
The accused was represented in court by solicitor Hilary Delahunty, who indicated that Judge Staunton had previously refused jurisdiction in the case, but that he had a problem with this as the matter is “not simply sale and supply of drugs”.
However, he highlighted that the Judge had previously stated that he would reconsider jurisdiction if it could be demonstrated that the products sold by the accused had less than 0.2% THC in them.
Mr. Delahunty said that the Department of Agriculture has no problem with the sale of these products as long as the THC quantity is below 0.2%, but that the Department of Justice has a different view, with some people being prosecuted for offences related to this, and some not.
The solicitor told Judge Staunton that the products from the accused’s shop were sent for lab testing in both Ireland and Amsterdam, and THC levels below 0.2% were found in them. Judge Staunton said that he would “review his attitude” on the case, and decided to accept jurisdiction, which means it will stay in the District Court.
Mr. Delahunty said that his client would still be pleading guilty as the matter is not “too clearcut.” The Judge decided to put the matter back to 28 April 2026, when the accused will be sentenced.
Funded by the Court Reporting Scheme
Robyn Power
