Can you be fined for possessing CBD?

CBD is legal in Ireland certain conditions, but the law remains unclear in practice. During a police check, you may find yourself in a complicated situation depending on the product you have, its THC content, or how it is presented. I will help you understand everything and navigate this delicate situation.

Things to remember

• Le CBD est légal si le produit contient un taux de THC < 0,3 % et est issu de variétés autorisées.
• If the THC level exceeds this limit, possession may be punished as for a narcotic drug.
• In the case of a saliva test, the presence of THC may result in penalties.

What can trigger an inspection and a penalty

Even if your product is legal, several situations can lead to an inspection or penalty, and that's where things get complicated.

If a legal CBD product contains traces of THC, this could cause problems during a saliva test. You should be aware that using narcotics while driving is strictly prohibited, and since the law and police do not always distinguish between legal CBD and recreational cannabis, you could be penalized.

The problem also arises in the case of possession of CBD flowers. Although CBD is legal, it is often difficult to distinguish between legal and illegal cannabis flowers with the naked eye. And if the THC level exceeds the legal limit, it can be a criminal offense.

An incorrectly labeled product or a dubious supplier can also get you into trouble. If the product does not clearly indicate its origin, THC content, or batch number, youmay have difficulty proving its legality. The case may then be treated as a narcotics offense.

What penalties are possible?

If you find yourself in a situation where the police or the courts deem that the CBD you possess does not comply with legal requirements, here is what you could face:

• A fixed fine for drug use or possession. In Ireland, this can be €200 in many cases for drug use.
• In the event of CBD and a positive saliva test while driving, even with a legal product, the presence of THC could result in the suspension or revocation of your license, depending on the severity and the level of THC detected.
• The risks are more serious if the product significantly exceeds the legal limit. The product may be seized, and you could be prosecuted for possession or use of narcotics. In this case, the fine may be higher and the legal implications more serious.

What can be done to avoid this kind of situation?

Mama doesn't want to scare you, just to equip you to avoid this kind of situation. Here are some practical tips to avoid misunderstandings.

Always keep the receipt or purchase ticket for your CBD product and, if possible, a laboratory analysis proving the THC content. Also, do not consume CBD flowers that are unreliable or of unknown origin. Always choose transparent brands such as Mama Kana.

If you are driving, avoid consuming it just before, as even tiny traces can be detected. If you are stopped and asked to take a saliva or blood test, you can request a more thorough analysis, or you can contest whether the product is legal and compliant.

You see,the legislation is clear on paper, but in practice, inspections can be unpredictable. Takecare of yourself!