A man arrested in connection with a high-level seizure of suspected drugs in West Waterford recently appeared in court.
Mark Jenkins (41) of 27 Bóthar Mochuda, Lismore, Waterford, appeared before Judge John O’Leary at a sitting of Dungarvan District Court on Monday, 16 March.
He is accused of alleged possession of a controlled drug for personal use and for alleged unlawful sale and / or supply, contrary to Sections 3 and 15 of the Misuse of Drugs Act, 1977.
The charges related to a search by Gardaí at his home and business premises, Releaf Dungarvan, on Monday, 9 March, and a separate matter from 2021 which remains before the courts.
The court was told that the accused first appeared before Judge O’Leary on 10 March and was granted bail, subject to conditions.
It was outlined that the state had no objection to bail, and Sergeant Alan Hayes said that in relation to the 2021 matter, which involved an alleged cannabis discovery worth over €15,000 at the accused’s home, the Director of Public Prosecutions (DPP) recently indicated prosecution on indictment, which would direct it to a higher court.
Sgt. Hayes highlighted to the court that the search of the accused’s home last week uncovered suspected cannabis and THC with an estimated value of around €200,000. A further search of his cafe, Releaf, located on Mary Street in Dungarvan, uncovered suspected tetrahydrocannabinol (THC) products around the value of €20,000, Sgt. Hayes said.
Releaf is a CBD cafe that has premises in both Dungarvan and Clonmel, and its social media page states that it sells “unique tasting coffees that will not disappoint.”
CBD products must contain less than 0.2% THC, the main psychoactive ingredient in the drug, in order to be legally sold in Ireland.
Acting for the defendant, solicitor Martin Lavan told Judge O'Leary that his client was recently granted a stay on prosecution for one of his previous charges in the High Court in 2021 by Ms. Justice Emily Egan.
Mr. Lavan said his client is “challenging the Irish courts treatment of CBD products” and the fact that the stay was granted means there is a ‘legitimate’ argument for this in the High Court.
The solicitor made an application to the Judge for the wording on some of his client’s bail conditions to be amended, as they indicated the accused to not be allowed to sell any THC, cannabis or cannabis derivative products from his business premises.
Mr. Lavan proposed that the wording should be changed to “any products that are illegal under the Misuse of Drugs Act 1977” as this would provide ‘certainty.’
An investigating Garda member told Judge O’Leary that THC is the main psychoactive ingredient in cannabis, and that if THC is present in a substance, this would classify it as a controlled drug under the Misuse of Drugs Act, and that the accused is operating a business that is allegedly selling THC products.
The Garda told the court that Forensic Science Ireland (FSI) does not test THC levels, but that if it is present, that is what classifies it as a controlled drug. He further outlined that the state would not be open to amending the wording of the condition, as if the accused believes “what he is selling is not illegal, then he will continue to do it.”
Mr. Lavan questioned whether the Gardaí had received confirmation about the presence of THC in the seized products from FSI, and the Garda member stated that he did not have a certificate of this, but received verbal confirmation.
The Garda added: “It’s black and white. If there is THC found in a substance, it’s a controlled drug, that’s the law.”
Mr. Lavan presented the previous High Court judgement of Ms. Justice Egan to Judge O’Leary to consider, and said that the arguments previously put forward then will be the same as this case.
Judge O’Leary said he believed it would lead to more uncertainty to change the wording on the bail condition, as the question of whether THC products are a controlled drug is still to be decided upon.
Judge O’Leary decided not to amend the bail conditions of the accused, and adjourned all matters, including the 2021 and recent charges, to 20 April, 2026 for mention.
Funded by the Court Reporting Scheme
Robyn Power
