Jim Daly (Cork South West, Fine Gael) | Oireachtas source

I thank the Deputy for raising the issue in the House today. Revenue's Customs service has primary responsibility for the prevention, detection, interception and seizure of controlled drugs intended to be smuggled or illegally imported into the State. An Garda Síochána has primary responsibility for the investigation of any offences relating to the smuggling or illegal importation of controlled drugs and sole responsibility for drug law enforcement within Ireland.

Tetrahydrocannabinol, which is commonly referred to as THC, is a derivative of cannabis, which is a controlled drug under the Misuse of Drugs Act 1977 and regulations and orders made thereunder. This legal framework gives effect in Ireland to the international conventions on narcotic and psychotropic substances and must be enforced by the relevant authorities.

Cannabidiol, which is commonly referred to as CBD, is not a controlled drug following extraction from the cannabis plant, as it is not psychoactive. However, if CBD products or preparations also contain THC in any quantity, then these are considered controlled drugs. The legislation currently in operation does not provide for any allowable trace element of THC.

I am informed that it is Revenue policy to treat CBD products that contain any trace elements of THC as controlled drugs under the Misuse of Drugs Acts 1977. Thus, they are liable to detention upon their importation and, ultimately, seizure pursuant to sections 33 and 34 of the Customs Act 2015.

Under current legislation, it is possible to apply for a licence for the growing of hemp from seed varieties specified by the European Commission. These seeds contain a maximum THC level of 0.2% and are deemed eligible for the purposes of Article 1 of EU Regulation No. 1307/2013. Revenue has advised that it has been involved in some seizures of CBD containing trace elements of THC in recent months, and relates seizures at the point of importation which can include seizures at ports or airports where the product is intercepted in a passenger's personal luggage; seizures at An Post mail centres where the product is intercepted in parcels addressed to either shops or private individuals; and controlled deliveries of product to shops or individuals in conjunction with An Garda Síochána following initial interception in a mail centre or otherwise. The Deputy will be aware that the Minister for Health, Deputy Harris, is in the process of establishing a medical cannabis access programme, MCAP, which aims to facilitate access to certain acceptable cannabis products, which have not been authorised as medicines by the Health Products Regulatory Authority, HPRA. The programme will permit cannabis products to be prescribed for three specific medical indications. It is envisaged that over a period, a variety of medical cannabis products - both THC and CBD with trace elements of THC and manufactured by multiple producers - will be available for use in the MCAP. Following consultation with relevant State authorities, the Minister may give consideration to the introduction of legislation to accommodate an acceptable trace level of THC in CBD products.

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