Benjamin Waidhofer

Benjamin Waidhofer secures acquittal in CBD Cannabis Oxford Street shop test-case prosecution

Benjamin Waidhofer, instructed by Claire Hewitt and Hanisha Godhania at ABV Solicitors represented AN, charged with (1) conspiracy to fraudulently import cannabis into the UK, (2) being concerned in the supply of cannabis; (3) possession with intent to supply cannabis; and (4) money laundering. The prosecution case related to well over 25kg of cannabis Sativa which had been imported into the UK for onward sale.

Retail outlets on high streets across the country openly advertise the sale of CBD products. AN was involved in one such enterprise on Oxford Street in Central London, openly advertising the sale of CBD products, including cannabis Sativa buds. The buds in question were high in CBD, low in THC and identical in appearance to skunk cannabis which is high in psychoactive THC. It is believed that the prosecution of AN is the very first time an individual involved in the open sale of CBD products in England & Wales has been prosecuted for offences contrary to the Misuse of Drugs Act.

Following a two-week trial before Ms Recorder Levitt QC and a jury at Southwark Crown Court, Benjamin Waidhofer successfully argued that the material in question was imported for what appeared to be legitimate business purposes and AN did not know that the material advertised on sale was unlawful. At the conclusion of the trial, the jury returned unanimous verdicts of ‘not guilty’ in respect of each and every offence alleged against AN.

The trial involved involving numerous witnesses, including expert witnesses, delivering their evidence remotely, in the midst of the Covid-19 pandemic,

Benjamin Waidhofer is frequently instructed in cases of considerable factual and legal complexity. He is available to advise and represent individuals remotely and in person.

Any queries about this matter, or any other, ought to be addressed to .