An Italian court has suspended a decree from the Ministry of Health that prohibited the sale of CBD, a significant win for stakeholders contending with the conservative government led by Prime Minister Giorgia Meloni. The government recently reclassified CBD as a narcotic, effective August 5, and placed it on Italy’s list of controlled substances, blocking products intended for internal consumption. If upheld, this ban would devastate CBD supply chains within Italy’s dietary supplement and herbal medicine industries. The Lazio Regional Administrative Tribunal issued the suspension in response to an appeal led by Imprenditori Canapa Italia (ICI), a trade association representing hemp industry stakeholders.

‘Appropriate’ Ruling

Michele Anzaldi, a former Parliament deputy and supporter of the CBD and hemp industries, welcomed the court’s decision in HuffPost Italy. “This ruling by the Lazio Regional Administrative Court is not only appropriate but also brings clarity to many important points, giving hope to patients relying on these treatments and to industry members.”

In contrast, Prime Minister Meloni remains resolute in her stance against CBD and other hemp-based products. Her government argues that strict regulation is necessary to prevent hemp from being exploited as a cover for the illicit marijuana market. She has encouraged enforcement of all cannabis-related laws, and her administration has introduced a proposed amendment to ban hemp flowers entirely, a move currently under Parliamentary review. This amendment, if enacted, would prohibit any activities involving hemp flowers—including import, processing, distribution, and sale—even for varieties with minimal or no THC content.

EU Complaint Pending

The trade group Canapa Sativa Italia (CSI) has lodged a formal complaint with the European Commission, arguing that an Italian ban on hemp flowers would contravene EU regulations on competition and the free movement of goods. The European Commission clarified in a 2020 decision that CBD is not a narcotic, affirming that CBD and raw hemp flowers may be legally traded across EU member states.

CSI president Mattia Cusani, speaking at an industry conference following the court’s decision, criticized the government’s approach. “The confusion around industrial hemp in Italy would be like accusing non-alcoholic beer of making someone drunk. Hemp, whether in flower, oil, or other derivatives, cannot be classified as a narcotic,” he said, adding that the government’s actions disregard the demonstrated benefits of hemp products.

New Legal Challenges and Industry Pushback

The proposed amendment is included in Italy’s 2023 Security Law, which, if passed, would increase law enforcement powers and impose severe penalties on violations, impacting the entire hemp industry. Meloni’s administration has consistently opposed recreational cannabis legalization, with her party, Fratelli d’Italia (Brothers of Italy), voicing strong concerns about the social and health implications of cannabis.

The debate around hemp intensified in early 2022 when Italy’s State-Regions Conference, a governmental cooperation platform, modified a 2018 decree, categorizing hemp as a medicinal plant. However, after four cannabis associations challenged this change, the Lazio court struck it down a year later, citing EU law inconsistencies. Alongside CSI and ICI, a coalition of six Italian cannabis associations has launched a petition to reverse these restrictive policies. Members of Italy’s 5-Star Movement (M5S) in the European Parliament have also urged the European Commission to step in, citing concerns over Italy’s increasingly restrictive stance on hemp.

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