Ireland still classes hemp as a drug: a High Court case tests EU law
James Cridland from Brisbane, AU / Wikimedia Commons, CC BY 2.0
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An Irish hemp grower is asking the High Court whether Ireland may keep classing low-THC hemp as a controlled drug. EU rules already cover hemp and CBD in every member state, so the answer could matter well beyond Ireland.
What the case is about
The grower was charged after police seized plant material from his home in County Clare in May 2025. He maintains that the material was low-THC hemp. His High Court challenge asks the court to declare that placing hemp with 0.3% THC or less under Schedule 1 of the Misuse of Drugs Act is unlawful under EU law, and that hemp is an agricultural good (Business of Cannabis; Limerick Post). His prosecution in Ennis District Court is adjourned to 9 December 2026 while the High Court considers the case.
Why EU law points the other way
EU rules class hemp with 0.3% THC or less as an agricultural crop (Business of Cannabis). In 2020 the Court of Justice of the European Union ruled in case C-663/18 that CBD is not a narcotic drug, even when it is extracted from the whole plant (Covington). The same ruling said member states may not prohibit the marketing of CBD in the way France had tried to (A&O Shearman).
0.3%
The Irish position
Irish law classes any product containing any trace of THC as a controlled drug, according to Business of Cannabis. The grower’s case rests on the gap between that rule and EU law. CBD is extracted from the flowers and leaves of the plant, which is the part Irish law classes as controlled.
What comes next
The sources we checked give no date for the High Court ruling. Until a court rules, Irish law as written still applies. Italy faces a related question: its Constitutional Court is due to decide on the country’s ban on hemp flowers in February 2027 (Newsweed; Cannareporter).
- The EU Court of Justice rules in case C-663/18 that CBD is not a narcotic drug
- Police seize plant material at the grower's home in County Clare
- The adjourned prosecution returns to Ennis District Court
- Italy's Constitutional Court is due to decide on its hemp flower ban
What this means for readers
This is news, not legal advice. Rules on hemp and CBD differ between countries, and a product that is lawful in one EU country can be restricted in another. Check the rules where you live before you buy, sell or grow. For a different legal model, our Amsterdam coffeeshop guide explains how the Dutch tolerance system works for visitors.
