What's in a 'herb'? - Drug charges struck out over wording
The charges were thrown out over incorrect wording.
A Waterford Judge threw out two drug possession charges because of incorrect wording on the charge sheet.
At Waterford District Court, Judge Mark O’Connell struck out the cases of two men who were found with small quantities of cannabis. One man was found in possession of €60 worth of cannabis by an on-duty Garda in Waterford City.
As solicitor Hilary Delahunty told the court that the man had no previous convictions, Judge O’Connell interjected that he was striking out the case because the charge was written as possession of "cannabis herb", instead of "cannabis". The term "cannabis herb" does not appear in the Irish Statute Book.
Judge O’Connell said: “This has happened on another occasion.”
Inspector Niall Daly responded: “I can’t recall that case, but I do know of it."
Incidentally, another man appearing in court for possession of €5 worth of "cannabis herb" had his matter thrown out as well.
