The legality of the sale of CBD products was raised at Waterford District Court last week as two local shop owners appeared on alleged drug charges.

Jasan Singh (35) and Olivia Crosse (44) both of 11 The Vee, Cork Road, Waterford, appeared before Judge John Cheatle in court last month. Mr Singh is charged with two counts each of possession of a controlled drug (namely cannabis) for personal use and for unlawful sale and/or supply, contrary to Sections 3 and 15 of the Misuse of Drugs Act, along with money laundering, contrary to Section 7 of the Criminal Justice (Money Laundering & Terrorist Financing) Act. The charges related to searches by Gardaí of his home and shop Good Vibes on Parnell Street, in July 2024.

Ms Crosse, co-owner of Good Vibes, is charged with possession of cannabis for personal use and for sale and/or supply, which related to the same Garda search of the shop.

Sergeant Michael Hickey outlined to the court that on 16 July 2024, Gardaí executed a search warrant on the home of both accused. A total value of €1,300 in cannabis products and €16,500 in cash was found following the search, Sgt Hickey said.

He added that a search of the Good Vibes shop on Parnell Street on the same day uncovered a total value of €2,500 in cannabis products. Both accused were subsequently arrested.

It was noted in court both Mr Singh and Ms Crosse have no previous convictions, and were pleading guilty to the charges. Sgt. Hickey said that the both of the accused had changed their pleas, as the DPP indicated the matter would have gone to the Circuit Criminal Court if they pleaded not guilty.

Acting for both defendants, solicitor Hilary Delahunty said that their business sells CBD products, which can legally be sold as hemp, but if a product has more than 0.2% tetrahydrocannabinol (THC), then it is classed as cannabis. THC is the main psychoactive element in CBD products.

Mr Delahunty told the court that the view of the Department of Justice and Revenue Commissioners is that the presence of any level of THC indicates that a product is cannabis, whereas the Department of Health has ‘no issue’ with these products being sold, as long as the level of THC is below 0.2%. The solicitor said that this is a ‘problem’, with similar cases occurring across Ireland.

Mr Delahunty presented a certificate of a lab analysis of leftover products that were not seized by the Gardaí during the searches, which was completed in October 2025, saying that they are confident there was less than 0.2% THC present.

However, a certificate of analysis of the products seized by Gardaí was also presented to Judge Cheatle, with Sergeant Hickey confirming that this testing was completed in July 2024.

Mr Delahunty acknowledged that his clients were pleading guilty to the charges but asked for ‘indulgence’ to avoid a conviction, adding that other places are being “raided in a similar way due to uncertainty around these laws”.

It was noted in court that a Garda involved in the investigation was unable to attend court to give evidence due to unforeseen circumstances. Judge Cheatle decided to put the matter back until 26 May 2026, to give the Garda member an opportunity to attend.

Funded by the Court Reporting Scheme

Robyn Power