Garda evidence to be heard in case of Waterford vape shop owners accused of selling cannabis
While the owners of Good Vibes have pleaded guilty, their solicitor said that uncertainty in the law means they may not be.
The owners of a Waterford business are to challenge a case where they are accused of having cannabis for sale and supply.
The owners of Good Vibes were before Judge John Cheatle at Waterford District Court for charges related to the seizure of products containing THC.
However, their solicitor, Hilary Delahunty, said there was a gap in the law that means his clients may have been allowed to have and sell the product.
Olivia Crosse (44), of 11 The Vee, Cork Road, Waterford, is charged with possession of cannabis and possession of drugs with the intention to sell or supply, contrary to Section 3 and 15 of the Misuse of Drugs Act 1977.
Jason Singh (35), of 11 The Vee, Cork Road, Waterford, is also charged under Section 3 and 15 of the Misuse of Drugs Act, as well as having €16,495 in cash, which gardaí believe is the proceeds of crime.
Sergeant Michael Hickey told the court that on July 16, 2024, gardaí from the drugs unit executed a search warrant at the defendant’s home.
There, they seized €1,300 worth of cannabis and €16,495 in cash as well as drug paraphernalia.
On searching the shop, they seized a further €2,500 worth of cannabis.
Neither defendant has any previous convictions and the DPP instructed summary disposal on a guilty plea only.
However, acting for the defendant, solicitor Hilary Delahunty said that while his clients are pleading guilty, they may in fact not be.
He said that the cannabis seized was CBD product from their holistic and vape shop.
The crux of the matter is that CBD is not psychoactive, but the compound THC is.
The solicitor said EU regulations say that if the CBD contains less than 0.2% of THC, it is classed as hemp and not cannabis.
This, he said, is the regulation the Department of Health follows.
However, in Ireland, Revenue and Customs disagree, saying that if it contains any THC, it is classed as cannabis and is therefore illegal.
Mr Delahunty said his clients were able to get some product they still possessed tested and it complies with EU law.
His clients have enquired with the Environmental Health Officer to find out if their license for the product is covered under this regulation or the law that Revenue follows.
And that there are parties, unrelated to his clients, challenging this gap in the higher courts.
His clients cannot do that for personal reasons and must make their case in the district court.
“Loads of places have been raided by the gardaí because there is uncertainty over what the law is,” said Mr Delahunty.
Responding to a query from Judge Cheatle, Mr Delahunty said that his client had purchased the product from an Italian wholesaler.
Sgt Hickey said that they have tested the product they seized and THC is present; he said he cannot speak to the product the defendants had tested.
Judge Cheatle said that this isn’t really a guilty plea.
He said the defendants could not guarantee that what they had tested was the same as what was sized.
But he did suggest the gardaí could provide a sample of the seized product for level analysis.
Sgt Hickey said that the investigating garda should be in court to give evidence, but was not available.
Judge Cheatle put the matter back to May 26 to hear garda evidence.
