Pauline Tully (Cavan-Monaghan, Sinn Fein)
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743. To ask the Minister for Health if he will continue to apply restrictions based on domestic legislation in contravention of EU trade law and the advice of the European Commission in view of the fact that EU hemp-derived products made from the entire plant, with not more than 0.2% tetrahydrocannabinol or THC, are protected under Articles 34 and 36 of the Treaty on the Functioning of the European Union, TFEU, and are not controlled within the UN Single Convention on Narcotic Drugs; and if he will make a statement on the matter. [44723/20]

Stephen Donnelly (Wicklow, Fianna Fail)
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Cannabis, cannabis resin, cannabinol and cannabinol derivatives are controlled under Schedule 1 of the Misuse of Drugs Regulations 2017 – 2020.

There is no reference to extracts of the cannabis plant being controlled in these Regulations. Products containing CBD, that are extracted from the whole Cannabis sativa plant, are not considered controlled in their own right, but may contain controlled substances, such as delta-9-tetrahydrocannabinol (THC).

The final CBD product placed on the market must not contain any level of THC as there is no permitted level of THC. The product must also comply with the relevant legislation (e.g. food legislation, cosmetics legislation).

Consideration as to whether a product contains a controlled drug substance, such as THC, would fall under the remit of officers authorised under the Misuse of Drugs legislative framework, which include, officers of the Revenue Commissioners and An Garda Síochána.