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Mark Jenkins has brought High Court proceedings against the DPP, Ireland and the Attorney General aimed at halting the three sets of separate criminal prosecutions brought against him. The owner of a business that sells cannabis-derived products has secured a High Court order staying his prosecution for allegedly having prohibited substances until his challenge against Ireland's anti-illegal drugs laws has been determined. The action has been brought by Mark Jenkins, who is facing three separate sets of charges under the Misuse of Drugs Acts over several products offered for sale at businesses he owns and operates. In a High Court challenge against the State, Mr Jenkins claims the prosecutions against him breach his constitutional rights and EU law. This is because he claims the act contradicts EU regulations, including ones regarding the free movement of goods. Mr Jenkins operates two coffee shops and retail businesses, in Clonmel, Co Tipperary, and Dungarvan, Co Waterford, called 'Re-Leaf', that specialise in the sale of hemp-related products, and items that contain cannabinol derivatives CBDs. He has brought High Court proceedings against the DPP, Ireland and the Attorney General aimed at halting the three sets of separate criminal prosecutions brought against him. The items contained tetrahydrocannabinol THC , which is the principal constituent of cannabis. Arising out of the seizure, he was charged with offences under the act relating to an alleged intention to supply and possess a controlled drug, namely cannabis. A second similar set of charges were brought against him following another search and seizure of material, including vials of oil, green plant material and brown resinous material from his business premises in July This is because the act contradicts with EU regulations, including ones regarding the free movement of goods, he claims. Under the act, THC is prohibited, and anything that contains any amount of that substance is illegal. Mr Jenkins claims European Union regulations allow products, such as the ones his businesses sell, with small amounts or traces of THC to be legally traded within the EU. He claims an independently tested sample of the material taken in February showed the THC content in the plant material did not exceed 0. He also claims the same is true regarding the material seized in May, and that the independent analysis is awaited in relation to the material taken in July He claims he sourced the material seized from Switzerland, via a company located in Wales. In a pre-trial motion, Mr Jenkins asked the High Court to put a stay on the three prosecutions from proceeding before the district court pending the determination of the High Court challenge. In her judgment in relation to the stay, Ms Justice Emily Egan noted several other High Court proceedings brought by other businesses that sell products containing THC where similar points have been raised are pending. She said in this case she was prepared to grant a stay on his prosecution, pending the outcome of the full case, in relation to the first set of charges against the plaintiff only. This was because Mr Jenkins had made out an arguable case that material seized, and independently tested, in February complies with EU regulations. The court did not have sufficient evidence before it to draw a similar conclusion to materials seized in May and July , as no evidence in relation to the THC content of those items had been put before the court. However, the judge said while no stay was being granted for the latter two sets of prosecution, it was undesirable that all three charges were to become severed. Lunchtime News. Sign up to the best reads of the week from irishexaminer. Please click here for our privacy statement. Commemorating years since the War of Independence. Select your favourite newsletters and get the best of Irish Examiner delivered to your inbox. Sign in My Account Sign out. Homepage news Munster Owner of Munster shops selling cannabis-based products granted stay on prosecution Businessman operates two coffee shops and retail businesses in Clonmel, Co Tipperary, and Dungarvan, Co Waterford, called 'Re-Leaf', that specialise in the sale of hemp-related products, and items that contain cannabinol derivatives. More in this section. Retendering of Cork event centre project described as 'utter farce'. Cork to host relics of St Bernadette of Lourdes for two days at the end of the month. Subscribe Now. Sign Up. War of Independence Podcast. A special four-part series hosted by Mick Clifford. Available on www. Most Read. Man jailed for eight years for rape and coercive control of wife.

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Buy Cannabis Munster