Italy uphold CBD ban
Italy is one of the top hemp cultivators and exporters in Europe
The Italian hemp sector has found itself in difficulty. Following the government decree, the Regional Administrative Court of Lazio, the region where the Italian capital, Rome, is located, has upheld and extended the ban on CBD.
Italy is currently one of the top hemp cultivators and exporters across Europe. According to associations, the decree could jeopardize 30,000 jobs and 3,000 businesses. The sector's turnover is estimated at €2 billion.
The Italian Prime Minister Giorgia Meloni bypassed Parliament on April 8 summoning emergency controls to issue a "security decree" that now sees hemp flowers categorised as narcotics, regardless of their THC content. Under Article 18 of the draft law on security, the cultivation, processing, sale, and possession of hemp flowers and cannabinoids will be prohibited.
What were the initial restrictions on hemp?
The initial restrictions that were made only impacted CBD that had been extracted from hemp flowers. Now, extracts from flowers, leaves, or stems are prohibited. These products will only be available in pharmacies with a prescription.
To justify its decision, the court relied on assessments by the Ministry of Health, reports from the National Institute of Health (ISS), and the Superior Health Council (CSS). The reports highlighted, among other things, liver toxicity, possible psychiatric effects, and poor product labelling, despite the lack of definitive scientific consensus. "Given the uncertain but credible risks to public health, preventive regulatory intervention is justified," the judges wrote. The Court relied on the precautionary principle. This European legal doctrine allows governments to regulate preventively even in cases of scientific uncertainty regarding health risks.
The Regional Administrative Court of Lazio had already paused the government decree twice over with supporters of the ban winning their case.
A partnership of cannabis advocacy groups such as Resilienza Italia Onlus, Canapa Sativa Italia, Imprenditori Canapa Italia, and the Sardinian Cannabis Association, embarked on a campaign to counter the ban.
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Liz Filmer
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