Alleged drugs case heading for highest court

A Cavan businesswoman who failed in a High Court challenge to Ireland’s laws on drugs relating to the sale of products containing a small amount of the psychoactive ingredient of cannabis, is set to take her case to the highest court in the land.

Denise Lynch, who operates the ‘D Hemp Shop’ in Cootehill, and a related online enterprise, brought the challenge against the Minister for Health, the Garda Commissioner, the Government of Ireland and the State after she was charged with the unlawful possession of cannabis and cannabis resin; and with the possession of cannabis and cannabis resin for sale or supply at Market Street on September 24, 2021.

That case remains in the District Court, and Ms Lynch appeared at last Thursday’s sitting (April 23) where Judge Raymond Finnegan was told by Cecilia Ní Choileáin BL, instructed by solicitor’s firm Mulholland Law, that the defendant has since appealed the previous outcome to the Supreme Court.

The barrister said Ms Lynch was granted leave to bring forward her appeal only last month (March 26).

In his previous High Court application Ms Lynch claimed that, provided the quantity of the psychoactive ingredient- known as THC (tetrahydrocannabinol) - remains below a certain threshold (0.2pc), the product does not constitute a “drug” or “narcotic” contrary to EU law.

The respondents rejected her claims and opposed her challenge.

Mr Justice Garrett Simons said similar arguments advanced by Ms Lynch had already been rejected by another High Court judge in another case (the Andrius Bogusas case) in November 2022.