Italian Government Defies Court Ruling, Lists CBD as Narcotic

According to a report from Hemptoday on July 12, the Italian government has ignored a ruling from a regional administrative court and violated EU law by placing CBD on the country's list of narcotic drugs.

The Italian Ministry of Health stated that this regulation complies with Italian Presidential Decree 309/1990, which forms the cornerstone of Italy's drug legislation. However, this contradicts a ruling from a regional court last year, which was based on legally binding judgments within the European Union.

This is the latest move by the Italian government against CBD. In October 2020, the Ministry of Health classified CBD as a narcotic drug for the first time and banned it from the market, but soon after revoked the order.

In another attempt in early 2022, the national-regional conference updated the language in the 2018 regulation, officially categorizing marijuana as a medicinal plant.

In that scenario, four major cannabis associations filed a lawsuit and the Lazio Regional Administrative Court overturned the regulation a year later, ruling that it violated European law. The European Commission announced in 2020 that CBD is not a narcotic drug and can be legally traded between member states. This decision was based on a landmark ruling by the European Court of Justice the same year.

The Italian Farmers' Association, Cia-Agricoltori Italiani, criticized the government in a statement for not consulting producers before listing CBD as a dangerous drug, stating that this move "has insulted farmers who have invested money and work in the industrial hemp supply chain in recent years".

The farmer's organization stated that

This is not only a controversial measure from legal, health, and scientific perspectives, but also an intervention that could potentially make the already heavily strained supply chain even more complicated.

According to CIA-Agricoltori Italiani, these prejudices are further reflected in a current amendment in the Italian parliament, which aims to ban CBD and all other products derived from hemp flowers.

The group's chairman, Cristiano Fini, stated that

We are facing potential ideological interference that could paralyze a high-value-added supply chain that attracts young people. This supply chain has huge production potential in cosmetics, herbs, green construction, floriculture, and textiles, with an annual turnover of 500 million euros and providing over 10,000 jobs.

Currently circulating in parliament is a proposed amendment that would completely ban cannabis flowers, affecting various aspects of production and trade. The leading cannabis industry organization, Federcanapa, has expressed that the provisions would effectively shut down the sub-industry of cannabis extracts, affecting the use of CBD and other non-psychoactive cannabinoids in herbal remedies, cosmetics, and dietary supplements.

Some lawmakers and other experts have stated that the amendment would result in the closure of 3,000 businesses and the unemployment of 15,000 workers.

Finney stated that Cia-Agricoltori Italiani has invited government representatives to discuss with CBD operators.