Case No. 28768Possession of a controlled drug (mescaline); possession of a controlled drug for sale or supply (mescaline) · Co. Cork · 23 Jan 2018

Appeal judgment reserved in Cork mescaline possession case

Alexander Rojas Rey, a 44-year-old man, was caught with powder the State claimed contained mescaline at his home in Cork city on 23 January 2018. He was charged with possession of mescaline for sale or supply and possession of mescaline under the Misuse of Drugs Act 1977, and pleaded not guilty to both charges. He was found guilty after a trial before Judge James McCourt. He is appealing on grounds that the trial judge erred in principle, and at a Court of Appeal hearing on 16 December 2021 the defence argued dried cactus extract is not a controlled substance while the prosecution argued mescaline is specified in the schedule. Judgment in the appeal was reserved.

  1. Reportednot reported
  2. Arrestednot reported
  3. Chargednot reported
  4. In court16 Dec
    2 reports
  5. Verdict
  6. Sentenced
reportedhappened, not reportedlatest stagenot yet

Key facts

consolidated from all reports
What happened
The State claimed the powder Rey was caught with had contained mescaline.
Where
The offences occurred at his home in Cork city.
When
The offences occurred on 23 January 2018.
Charges
Rey was charged with possession of mescaline for sale or supply under section 15 and possession of mescaline under section 3 of the Misuse of Drugs Act 1977.
In court
  • Rey pleaded not guilty to both charges.
  • Rey was found guilty after a trial before Judge James McCourt.
  • Rey is appealing on grounds that trial judge James McCourt erred in principle.
  • At a Court of Appeal hearing on 16 December 2021, the defence argued dried cactus extract is not a controlled substance while the prosecution argued mescaline is specified in the schedule.
  • Judgment in the appeal was reserved.
Other details
There are several types of cacti plant which contain mescaline and from which the prohibited drug could be extracted.
16 statements extracted from the articles
  • whatThe State claimed the powder Rey was caught with had contained mescaline (thejournal.ie)
  • whatThe State claimed the powder Alexander Rojas Rey was caught with had contained mescaline. (kildarenow.com)
  • whereThe offences occurred at his home in Cork city. (kildarenow.com)
  • whenThe offences occurred at his home on 23 January 2018 (thejournal.ie)
  • whenThe offences occurred on 23 January 2018. (kildarenow.com)
  • chargeRey was charged with two drugs offences (thejournal.ie)
  • chargeRey pleaded not guilty to possession of mescaline for sale or supply under section 15 of the Misuse of Drugs Act 1977 (thejournal.ie)
  • chargeRey pleaded not guilty to possessing mescaline under section 3 of the same act (thejournal.ie)
  • chargeHe was charged with possession of mescaline for sale or supply under section 15 and possession of mescaline under section 3 of the Misuse of Drugs Act 1977. (kildarenow.com)
  • courtRey was found guilty after a trial (thejournal.ie)
  • courtRey is appealing on grounds that trial judge James McCourt erred in principle (thejournal.ie)
  • courtJudgment has been reserved (thejournal.ie)
  • courtHe was found guilty after a trial. (kildarenow.com)
  • courtThe trial judge was Judge James McCourt. (kildarenow.com)
  • courtJudgment in the appeal was reserved. (kildarenow.com)
  • otherThere are several types of cacti plant which contain mescaline and from which the prohibited drug could be extracted. (kildarenow.com)

The reporting

newest first
  1. 16 Dec2021
    Dried cactus extract ‘not covered by drugs legislation’ - Court hears

    Court of Appeal hearing on 16 December 2021 where defence argued dried cactus extract is not a controlled substance under the Misuse of Drugs Act; prosecution argued mescaline is specified in the schedule; judgment reserved.

    convicted, Alexander Rojas Rey, 44, male, named, non-irish (judged from name)Alexander Rojas Rey
  2. 16 Dec2021
    Dried cactus extract containing mescaline ‘not covered by drugs legislation’, court told

    Provides detailed arguments from both sides at the Court of Appeal hearing: defence argued the dried cactus extract is not a controlled substance, DPP argued mescaline is specified in the schedule. Judgment reserved.

    convicted, Alexander Rojas Rey, 44, male, named, non-irish (judged from name)Alexander Rojas Rey