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High Court dismisses the applicant's case, affirming that products containing even a low level of THC are considered narcotic drugs under the Single Convention on Narcotic Drugs and are not entitled to the free movement of goods under EU law. The court rejected the applicant's argument that a CBD-based product with less than 0.2 percent THC should not be classified as a controlled drug, aligning with the previous High Court decision in Bogusas v. Minister for Health. The court also found no basis for the applicant's constitutional and European Convention on Human Rights claims regarding the right to earn a livelihood.
THC - CBD - narcotic drugs - free movement of goods - Treaty on the Functioning of the European Union (TFEU) - Single Convention on Narcotic Drugs - Misuse of Drugs Act 1977 - controlled drug - cannabinol derivatives - judicial review - right to earn a livelihood - European Convention on Human Rights - Kanavape Case C-663/18 - Bogusas v. Minister for Health - Council Decision (EU) 2021/3 - World Health Organization (WHO) - Commission on Narcotic Drugs (CND) - Vienna Convention on the Law of Treaties.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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