Newsweed
The legal conflict that divides Italy over hemp flowers and of CBD comes at a crucial time, which France has also known.
The Italian Council of State referred the dispute to the Court of Justice of the European Union (CJEU), suggesting the end of several years of uncertainty for the sector. The reference raises the question of the conformity of national measures restricting hemp inflorescences with the european Union law, in particular with regard to the free movement of agricultural products.
The case concerns the safety decree and the ministerial decree italians, who treat certified hemp flowers, leaves, oils and resins as narcotics, even when their THC content is below legal thresholds.
By referring the case to Luxembourg, the Council of State recognized that these rules could be in contradiction with European regulations, echoing this to the precedent created by the Kanavape ruling, in which the CJEU determined that CBD was not a narcotic and could not be blocked by Member States if legally marketed elsewhere in the Union.
Legal and economic issues
This decision could have repercussions on a European scale, by determining whether the Italian restrictive framework violates the principles of free movement of goods, of competition and of proportionality provided for by European law.
According to the lawyer Giacomo Bulleri, following the case, the CJEU’s decision “will likely have effect across the EU and constitute an important step towards the harmonization of the sector”. He adds that this judgment could lead to the suspension of current coercive measures thus offering temporary respite to operators subject to criminal or administrative proceedings.
For players in the sector, the stakes are considerable. The italian hemp sector employs around 15,000 people and generates an annual turnover estimated at 500 million euros.
Mattia Cusani, president of Canapa Sativa Italia, called the referral a “decisive step”, stressing that the CJEU will clarify whether targeting only inflorescences is justified when European law does not distinguish between different parts of the plant and THC levels are minimal. “For businesses and stores, this means a concrete perspective of legal certainty and supply chain protection”, he noted.
Years of regulatory turbulence
The referral to the CJEU concludes a decade of struggle marked by legislative reversals and legal challenges. In 2023, the regional Administrative Court of Lazio (TAR) canceled parts of a ministerial decree which restricted hemp flowers and leaves, citing a lack of scientific justification. The Meloni government appealed, which ultimately prompted the Council of State to request a European decision.
Italy has tried several times to classify hemp as a medicinal plant, limiting its cultivation and trade to seeds and fibers. These restrictions have caused confusion and legal disputes that have disrupted the sector’s growth. Francesco Mirizzi, general director of the’European Industrial Hemp Association (EIHA), noted that industry “paid the price in legal fees, product seizures and uncertainty”, exacerbating the impact of inconsistent national policies.
At the heart of the referral to the CJEU are two questions: Does the Italian safety decree infringe Italy’s 2016 hemp law by treating all hemp flowers as narcotics, and do these restrictions infringe the rules of the EU on agricultural products and market freedoms?
The Council of State based itself on the principle that European legislation “makes no distinction between different parts of the plant”, suggesting that national bans on inflorescences could be incompatible with EU rules on single market.
Mr Mirizzi stressed that while the policy often delays clarifying regulations, the CJEU’s decision will ultimately shape the interpretation of hemp law in all member states.
Towards legal certainty
With this referral, Italian operators and retailers anticipate a historic decision that could finally harmonize national rules with EU standards.
The CJEU decision will determine whether the flowers, the leaves, hemp oils and resins with a THC content of less than 0.3% are legal across the Union, ending years of legal uncertainty.
As Mr Bulleri noted, “the final battle for the hemp sector looms on the horizon”, marking a pivotal moment for one of Europe’s most controversial agricultural industries.
