Ireland's Hemp Court Case: High Court to Rule on 0.3% THC Legality

A criminal case in Ireland’s County Clare has become a test of principle. Dublin’s High Court must clarify whether hemp containing no more than 0.3% THC should continue to be treated as a controlled drug in Ireland. The answer extends beyond the island, as it touches on the exact legal question currently pending before the European Court of Justice.

A Criminal Case Becomes a Constitutional Question

At the center of the case is Brendan O’Mara, 63, a member of Hemp Federation Ireland and former commercial pilot. Following a seizure at his residence in May 2025, he was charged under Section 15(a) of the Misuse of Drugs Act 1977—possession of cannabis with intent to supply. He pleaded not guilty. The proceedings at Ennis District Court have been suspended by Judge Adrian Harris pending the High Court’s decision.

The High Court application targets three findings. First, that including hemp with no more than 0.3% THC in Schedule 1 of the Misuse of Drugs Act violates EU law. Second, that such hemp should be classified as an agricultural product. Third, that Ireland’s entire drug control framework conflicts with EU law. The defense is not attacking a single case but the entire system.

The valuation dispute is noteworthy. The charge requires a market value of at least €13,000, yet prosecutors valued the material at approximately €10 million in media reports. Hemp Federation Ireland counters that assigning black market prices to industrial hemp presupposes the very legal classification the court must determine.

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