Waterford vape shop stuck in legal limbo as laws remain unclear on sale of CBD products
The proprietors of a local store, Good Vibes on Parnell Street, appeared once again in Waterford Courthouse.
The proprietors of a local store, Good Vibes on Parnell Street, appeared once again in Waterford Courthouse last week as the “very, very difficult case” into the store's sale of CBD products continues.
The store, which has been operating in the city for several years, sells smoking and vape products, confectionary, and CBD items.
In July 2024, a warrant was issued by gardaí to search the premises. €2,500 worth of cannabis products were seized.
The proprietors of the store, Olivia Crosse and Jasan Singh, also had a search warrant issued at their home at The Vee, Cork Road, Waterford.
More cannabis products were found at the residence, along with €16,495 in cash, which gardaí believe is the proceeds of selling the products.
The legality of certain CBD products fall into a grey area, and the matter is considered a live issue.
Defence for both parties, Hilary Delahunty, said that the Department of Justice and the Department of Agriculture both take differing views on the substance.
The Department of Justice say that if THC is present at all in a CBD product, it is considered a controlled drug and is illegal. THC is the main psychoactive ingredient found in cannabis.
The Department of Agriculture, however, say that if a CBD product has less than 0.2% of THC content, the product is legal.
With the laws unclear, Mr Delahunty described the case as “very, very difficult.”
“This is an issue which is ongoing...the Irish government doesn’t know what to do," he said.
Mr Delahunty told the court that his clients did not intent to sell controlled drugs, but that they were reckless in doing so because of the complicated legal position of the substances.
He said his clients had no other choice but to plead guilty.
During their court appearance last week, investigating garda officer Sean Dunne provided detail on the searches.
He said that a targeted search was carried out at the store because it is located on a main thoroughfare in the city.
The products seized were contained within black and gold packaging. There is a smell of cannabis from the products, but it is not very strong, the court was told.
Hilary Delahunty, acting in defence of both Mr Singh and Ms Crosse, asked the garda if he was aware that similar shops are located all over Ireland and that some have been searched and some have not.
The investigating officer agreed.
Another recent search of the store has been carried out, an investigating garda member told the court last week.
Products seized were analysed and the results of these tests are pending.
In light of this, Judge John Cheatle said he will wait on the results of those tests before proceeding the case further.
If the results are clear, it will be positive for the two defendants, he said.
The case will be raised again in November.
