'Cannabidiol derivative' confirmed as a Class A substance

Monday 17 September 2018

Tests have confirmed a cannabidiol derivative at the centre of a court case is a Class A substance, meaning the woman who has admitted importing it will be sentenced on that basis later this year.

Christine Smith, who has primary progressive multiple scelroris, had previously admitted importing the substance - saying she wanted to use it for pain relief.

Smith, who pleaded guilty earlier this year, was not at her most recent court hearing - which was held after Judge Graeme McKerrell ordered further tests during the previous hearing.

Questions had arisen over the substance's composition when Smith had been scheduled for sentencing before the Royal Court last month.

Judge McKerrell had addressed the prosecution on that occasion, after a Jurat had asked whether the product had been analysed for CBD. He stated that the report presented by the States analyst had not answered that question and that it was important the charge was correct before proceeding.

Addressing the prosecution, who would have compiled the charge sheet following the report, Judge McKerrell said that it was important any charge was correct before sentencing and whether or not the product as analysed is a class A drug was important. He further stated that there were different classes outlined in the schedule depending on the composition of the cannabidiol derivative. 

Pictured: Judge Graeme McKerrell is presiding over Smith's case 

Judge McKerrell was presiding in the Royal Court last week when it was confirmed that the substance was a Class A drug. Smith's defence lawyer asked for a delay before sentencing so that he could seek a second forensic opinion. The Judge agreed and although a court date of 4 October was set, both the Judge and defence lawyer agreed on a formal court date of 18 October to allow time to ensure any furthers tests have been completed.

Smith, who has to use a wheelchair, was not present at the court hearing and she is unlikely to be at the next scheduled hearing either as the Judge agreed the case could continue without her having to return to the court building before sentencing.

The case was adjourned sine die.