Gino Kenny (Dublin Mid West, People Before Profit Alliance)
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694. To ask the Minister for Health if his attention has been drawn to the recent EU ruling in a case (details supplied) in which the Court of Justice of the European Union ruled that cannabidiol, CBD, is not a narcotic under EU law within the meaning of the 1961 United Nations Single Convention on Narcotic Drug as it does not have any psychotropic or harmful effects on human health on the basis of available scientific data; if his attention has been further drawn to the fact that the court also ruled that EU states cannot ban the marketing of CBD legally produced in another member state; the measures in progress to amend the Misuse of Drugs Act 1977 to reflect this ruling; and if he will make a statement on the matter. [8080/21]

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).

Gino Kenny (Dublin Mid West, People Before Profit Alliance)
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695. To ask the Minister for Health the measures in progress to raise the tetrahydrocannabinol, THC, levels permitted in cannabidiol, CBD, products to 0.3% as is currently legally permitted in the rest of the EU; and if he will make a statement on the matter. [8081/21]

Stephen Donnelly (Wicklow, Fianna Fail)
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The two most common active components found in cannabis oil are tetrahydrocannabinol (THC) and cannabidiol (CBD).

THC is the principal psychoactive constituent of cannabis. Under the Misuse of Drugs legislation products containing THC are strictly controlled and possession is unlawful except under licence.

CBD is derived from cannabis. However, since CBD alone it is not psychoactive it is not controlled under the Misuse of Drugs legislation.

Under the Misuse of Drugs Acts 1977-2016 and the Regulations and Orders made thereunder- it is an offence to cultivate, import, export, produce, supply and possess cannabis except in accordance with a licence.

The Misuse of Drugs (Designation) Order 2017 (Statutory Instrument 174/2017) states that the manufacture, production, preparation, sale, supply, distribution and possession of the drugs specified in Schedule 1 is unlawful except for the purposes specified in Schedule 2, namely research, forensic analysis or use as an essential intermediate or starting material in an industrial manufacturing process. This includes cannabis.