Dr. Lorraine Nolan:

I thank Deputy Cullinane for the question. I will refer to the last question first. The experience of Ireland on a medicinal cannabis access programme is not that different from any European country. We followed closely the progression of the system in Denmark where to date only four products are included in its MCAP. We are certainly not out of kilter. At the end of the day, it is up to the companies to make the applications to us. It is up to the companies to meet the requirement that the legislation has set out. The regulations removed all regulatory burdens. The system has a low regulatory burden and I do not use the term fruitlessly. I want the Deputy to understand that at the end of the day the companies control whether or not something is placed on the market. I totally stand over everything Mr. Flanagan said. The availability of a licensed medicine is the best treatment option that can be given to any patient. The fact we now have Epidiolex which is a CBD-only product has really changed the landscape.

The question on the thresholds is a very good one. I need to be clear it is a policy area, so I am aware I am probably speaking on the Deputy's area but I am happy to do so and he can stop me if he wants to intervene at any point. Under the misuse of drugs legislation, by definition any product that contains THC, whether or not at trace level, is a controlled substance. This is the bottom line. The legislation is this clear-cut. The misuse of drugs legislation was put in place in the 1970s prior to the evolution of a hemp industry, if we want to call it that. The situation has moved on. We would also have to look at whether THC is having a pharmacological action if it is in there at those levels. It probably it is not because it is such a trace level. The policy in this area is complicated and it is not an easy thing to fix. It has knock-ons in the criminal justice system. When the gardaí are making street detentions, how can they can tell the difference between cannabis with no THC and cannabis that has THC? It is not a simple matter of changing the policy because it has an awful lot of consequences. This is something the Department is considering. Strictly speaking, they are products that contain THC and there are no thresholds in our legislation. This means they would be eligible for inclusion in the MCAP.