Client acquitted of international drug conspiracy
Ben Darabi and Stefan Sutherland represented a client who was alleged to have been involved, with 6 others, in a conspiracy to supply cannabis through legitimate business enterprises in the UK throughout 2019 and 2020.
The businesses imported hemp plant material with a THC content of less than 0.2%, and supplied it as CBD flowers in the UK. Prior to Brexit in 2019 and 2020, it was not unlawful to import and supply hemp plant material with a THC content of less than 0.2%.
The Crown’s evidence included forensic tests of the plant material that found THC levels exceeding the 0.2% threshold. However, the police had failed to follow the rules prescribed by the European Union in testing the plant material. After extensive legal arguments, those test results were ultimately ruled as being inadmissible under section 78 of the Police and Criminal Evidence Act 1984. Following the exclusion of this evidence, after 9 weeks at Portsmouth Crown Court, the prosecution offered no evidence on the indictment for all defendants. The jury was duly directed to return not guilty verdicts on all counts.
