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The high court: the battle continues for the CBD industry in Ireland

As several high-profile cases over THC content are set to take place in Ireland this year, we speak to three store owners about their experiences.

It’s been a difficult time for CBD stores in Ireland. While there have been issues with stock shortages, Brexit regulations and COVID restrictions, CBD sellers have had the added problem of raids by the Irish gardaí. 

Several stores across the country have reported gardaí entering their premises or homes to search for cannabis before seizing CBD products instead. The products are sent for testing and often not seen again. But as Ireland is in Europe, and these products are therefore under the European THC limits, so why is this happening? 

Cannabis Wealth speaks to three CBD stores across Ireland to ask, what’s going on. 

Little Collins: A photo of the front of the Galway store that sells CBD products in Ireland

Little Collins

Little Collins is one of the most well known CBD stores in Ireland. Originally located in Galway, the store can now be found in Dublin and Kilkenny too. The store sells a variety of CBD flower, balms, pet products and topicals. 

The store, owned by JP O’Brien and his wife, Ide Clancy was one of the first to draw attention to the raids in 2020 with a series of social media posts. They received a huge amount of support following the raids that saw several gardaí enter their premises in Kilkenny before seizing products. 

The Kilkenny store was then raided in 2021 by the Gardaí who seized over €10,000 of raw hemp, infused oils, butter and tea products. 

Speaking with Cannabis Wealth, Ferdia Mooney from Little Collins said: “It started about a year after we opened when we just had the Galway cafe and office. There was a lot of CBD flower coming in. Sometimes things aren’t packaged properly because the suppliers can be used to sending them to parts of Europe where this is fine. So the documentation will be in the box, customs will open it and pass it through. However, that doesn’t happen here.”

He added: “We have a problem where we really have to stress to suppliers that things need to be triple-wrapped and packaged properly. We had one supplier who didn’t wrap properly and it was caught by customs immediately. That triggered the first raid.”

Although the raids have slowed down, Ferdia highlighted that the effect of the raids has been problems with stock. 

“The last raid we had was around this year. The frequency came in waves where we had a few months of being okay then there would be a raid, seizures than the same at a different premise. The knock-on effect is that we don’t have the products to sell so business is tougher. Between that and the rising price of fuel, it’s having an effect on our business. It seems they want to disrupt us as much as possible. 

He explained: “We got lucky in the sense that we built up this strong infrastructure already. So once the raids hit, we were ready. If my shop is raided in one location then I can send stock to another ready for the next day. It’s been difficult, but they chose the wrong company as we are very stubborn.”

Social media support has been vital for lifting staff morale and also, highlighting the issues the store owners are facing. 

“Customers are still coming by and going to the cafes, especially after there has been a raid. Social media support has gone through the roof. I think most customers understand what’s happening. It’s just so unjust as big stores aren’t being raided. Customers understand that this will affect everybody as they will just keep doing it and we will be left with just pharmaceutical companies which no one wants.”

The uncertainty around selling CBD in Ireland makes it difficult to make long term business decisions. Especially as Little Collins is still waiting on a court case that has been delayed more than once. 

Ferdia said: “It’s like a black cloud lingering over everything. We are pretty confident we are going to win but even if we don’t then it goes to the EU then it will be there. It’s just a matter of time. However, in the meantime, it affects simple things like tax. Do we pay tax for a year if we are going to be shut down in February? Do we sort phone plans for the year? It makes working life really difficult.” 

Releaf cafe

Mark Jenkins is the owner of Releaf Cafe in Dungarvan and Clonmel in Tipperary. He moved into the CBD industry after studying business in college and identifying that CBD sales were on the increase in Ireland. He has experienced a high amount of raids on both his business and his home.

Mark said: “We’ve had about ten raids now all together between the shops and our house. I’ve been getting blocked in on the roads too just so a Garda can say hello. It’s more intimidation. To tell someone to get out of the car to be searched because you own a CBD shop, to me is wrong.”

He added: “I go over to the UK to pick up stock a lot. I got pulled in by Irish customs the last time where they searched my van. They had no problem with it being CBD but it’s the local gardaí who do. It’s because they can’t differentiate between the two different products. It’s not easy as we have over €100,000 worth of products taken from us.”

“I’m actually suing the state to say what you are doing is illegal. I have experts coming from Sweden and the UK for the case where we have to prove that we are not guilty. We’ve done everything we can as a vendor but the court has to decide otherwise we are going to Europe. We know we are 100 per cent legal but is the Irish law that’s the problem.”

Mark highlighted that this could have a huge effect on the country in terms of upgrading facilities.

“We were in the district court trying to get our case held. They wouldn’t put the order in place so we are waiting for the high court. If the order had been put in place then a lot of cannabis cases in Ireland would have to be put on hold until mine is done as it shows the testing is inadequate. It could cost the state millions because they have to change the whole testing facilities.”

The effects of the raids are not just on stock or on time spent preparing for court cases. There has been a mental health cost.

Mark explained: “They came into the house then the last time, they took me down to the garda station just to hold me in a cell. They weren’t even doing any questions that night but it was just to rattle me another bit.”

Ireland CBD: The front of Denise Lynch's store in Cavan

D’Hemp Shop

D’Hemp shop in Cavan is also challenging the high court in Ireland about the raids. Denise Lynch was raided in September 2021 where several products were seized. As with Little Collins and ReLeaf, all products were legally sourced. Her home and car were also searched.

Denise decided to open her store after she experienced the benefits of CBD for her arthritis pain. Although she had heard about the controversy in Ireland surrounding the 0.2 per cent THC levels and the seizures, she didn’t expect to be raided. She was surprised to be handed a notice to say the premises was being searched under the misuse of drugs act 1977.

Denise said: “They raided my home and my car on the street. They were here for five hours and this is a small business. They were in my home for a long time while my husband was working, my kids were at school and I was here. So there was no one home at the time.”

“It was frustrating because we weren’t doing anything wrong yet we were treated like criminals. It was upsetting for that reason. It’s a small town so people are thinking, well if the gardaí are there then she must be doing something illegal. It brought a bad atmosphere to the place and that’s one of the main reasons I am fighting this. I want to clear my name because we are doing nothing illegal.”

Since news of her legal battle broke, Denise has received an overwhelming level of support from customers and other CBD sellers. She hadn’t properly realised the scale and potential of the case until she was contacted by so many people.

“I’ve been getting so many emails, messages and phone calls from people I don’t even know. They have been so supportive and want me to do well. Other stores have given me a message of support through social media. Some of the other companies have their own battles going on and they are really good people who genuinely want to help others. It’s been really tough on everyone including the farmers.”

When it comes to change, Denise highlighted that what is needed, is clarity.

“It was said to me that I could be prosecuted over this as the products were sent for analysis with under 0.2 per cent THC. I raised it to the garda that in the EU, I am allowed to sell that amount. His reply was that, well, you’re in Ireland.”

She added: “We are part of the EU. This needs to be sorted and we need to realise we have rights as EU citizens. What we need is clarity from the government. We need to know that they are going to stop coming into companies using the misuse of drugs act.”

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