Illegal light cannabis 2025: new security decree

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This article is constantly updated on the new Security decree and in particular on the restrictions that article 18 of the decree imposes on the hemp sector.

The regions unanimously ask the Ministry to protect the supply chain

The Regions take sides compact in defense of the hemp supply chain: unanimously they have asked the Government to revise article 18 of the Security Decree, which also prohibits the cultivation of low-THC varieties. Leading the joint action is the Veneto councilor Federico Caner, coordinator of the Agricultural Policies Commission, who announces the imminent sending of a letter to Minister Lollobrigida to find a solution that protects certified companies, public investments, and employment, without compromising public safety.

Security decree: on May 26 the Constitutional Court will give its ruling

The new Security decree is fortunately already at the center of a heated debate. It has raised strong concerns not only among the opposition but also among jurists and experts in the field.

Now, what draws particular attention is a case raised by the Foggia Prosecutor's Office, which could bring the decree directly before the Constitutional Court.

The issue concerns a case of resisting a public official and injuring two railway police officers. Paradoxically, it was the investigators themselves, after requesting the indictment, who questioned some of the aggravating factors provided by the decree.

The new regulations, they say, seem inconsistent, if not outright lacking logical basis...

Many legal experts have doubts about the legitimacy and constitutionality of the entire decree, including Article 18 concerning the bans on hemp cultivation.

Below we explain what is happening.

Hemp security decree: appeal filed

The appeal of Italian companies in the hemp sector will be filed today with the Court of Appeal of Florence from the lawyers Giacomo Bulleri and Giuseppe Libutti on behalf of the associations Canapa Sativa Italia and Imprenditori Canapa Italia.

The appeal highlights the fact that the government failed to notify the European Commission of the introduction of the new regulation, violating the EU directive on single market transparency.

With an email dated April 11, the European Commission responds to Raffaele Desiante, president of ICI, who had invited the European executive to verify the compatibility of Article 18 of the decree with Community law. The European Commission responds that:

" In the event of a failure to notify a technical regulation and the adoption of a technical regulation in violation of the prescribed obligations, private individuals may invoke Articles 5 and 6 before the national court, which must refuse to apply a national technical regulation adopted in violation of the notification obligation.

means that if the government had violated European regulations, article 18 of the decree would not be valid.

DDl hemp security: April 4, 2025

On April 4, 2025, the government transformed the security bill into a decree law to speed up its approval. Quickly and without the possibility of adequate discussion, the Council of Ministers has approved the decree the same day and on April 11, 2025, the President of the Republic, Sergio Mattarella, signed it.

Now the decree will pass through the Chambers to be converted into law, which must happen within 60 days to avoid the decree becoming void.

Unfortunately, article 18 of the decree imposes new stringent limits on the cultivation and sale of hemp with dramatic consequences for the industrial hemp sector, which from a legally solid supply chain suddenly becomes a crime.

Below we explain in detail what Article 18 of the decree provides.

The item, heavily intervenes on law 242/2016, the one that promotes the cultivation and development of the hemp agro-industrial supply chain.

With article 18, the decree limits the production of hemp inflorescences and of his derived. The importation, transfer, processing, distribution, trade, sending, shipping, and delivery of hemp inflorescences are prohibited, activities punishable as provided by the Consolidated Law on Narcotic Drugs of 1990.

To go into detail, the regulation adds a new paragraph to Article 2 of Law 242/2016, which excludes from regulatory benefits all activities related to inflorescences, even when these involve semi-finished or processed products, such as oils, resins, or extracts.

With the approval of the security decree on April 4, 2025, the entire supply chain was razed to the ground, we are talking about approximately 3000 companies, 1600 agricultural businesses, 800 local shops and more than 700 companies in the processing sector. More than 40,000 male and female workers risk unemployment.

The paradoxical and grotesque note of the matter then lies in using the seed as a screen: from a technical-legal point of view, in fact, the use of hemp flower for seed production is allowed.

In practice, however, this possibility proves almost inapplicable. The draft decree specifies that the use of the inflorescences is lawful only if "demonstrably aimed" at seed production. But what does "demonstrably" mean?

For industry operators, it is just a rhetorical device to argue that the government "prohibits the flower but not the hemp." As explained by lawyer Giovanni Bulleri in this article on Fatto Quotidiano instead, The law requires contractual proof of the intended use as seed, a condition that, in practice, exposes companies to interpretative risks, invasive inspections, and potential disputes.

This measure appears to be in open contradiction with European law. The European Union, in fact, through regulations and rulings, recognizes industrial hemp as agricultural and botanical product in its entirety, flower included, when the THC content is below 0.2% (with tolerance up to 0.3% or 0.6% depending on national legislation).

The decree will come into effect 24 hours after its publication in the Gazette.

We, together with the industry associations we continue to strive to demand protection and adequate regulations for the supply chain, which is unable to plan for the future as well as the production season.

Already on October 22, 2024, our CEO Jacopo Paolini had participated in the Senate hearings as a representative of the hemp supply chain for Confagricoltura and had expressed his judgment on article 18 of the bill, bringing the voice of the agricultural sector and the numerous companies operating in this field. You can read about his intervention here.

The inconsistencies of art 18 of decree law 2025

Let's now analyze three obvious inconsistencies in Article 18 of the decree-law of April 4, 2025:

No distinction between the inflorescences (THC, CBD, CBG)

Article 18 introduces a total and penalizing generalization: prohibits the use and sale of any product made from hemp flowers (Cannabis sativa L.), regardless of THC content, with the justification that they could alter the psychophysical state of the individual and endanger public or road safety.

No distinction is made between inflorescences rich in THC (psychoactive substance) and those containing CBD, CBG, or other non-psychoactive cannabinoids, which are widely studied and used for therapeutic and beneficial purposes. It's like banning all fermented beverages because some contain alcohol, ignoring that kefir has completely different effects from grappa.

The strange distinction based on seeds

The decree establishes that the offense concerns the inflorescences “even if obtained from cultivations registered in the Common Catalogue of Varieties of Agricultural Plant Species, if they do not contain seeds”. So, is a seedless inflorescence more dangerous than one with seeds? No. The presence of seeds has a reproductive function; it does not alter the chemical composition of the plant or the amount of cannabinoids.

The legal dangerousness of a product, in a rational system, should depend on its effects and its chemical composition, not on botanical characteristics free of toxicological relevance.

No regulations for existing stocks

The decree does not provide any transitional provisions to manage the existing stock. Companies that, until the day before publication, operated in full compliance with law 242/2016, find themselves suddenly illegal, without any indication on how and where to dispose of the inflorescences, whom to contact for the costs of certified destruction, and without any possibility of conversion or compensation.

The decree does not provide any transitional provisions to manage existing stocks, leaving many companies in a situation of total uncertainty. Until the day before its publication, these businesses operated in full compliance with law 242/2016; today they suddenly find themselves outside the law, without operational guidelines. What should an entrepreneur who wants to act in accordance with the regulations actually do?

Store the material in supervised warehouses, with loading and unloading registers for narcotic substances?
Proceed with disposal in uncontrolled areas, with all the associated risks?
Rely on authorized centers for the storage and destruction of such products, through specialized transportation?

These are practical questions that require urgent and clear answers from the institutions. It seems essential to us to urge precise guidelines to allow companies to comply legally and responsibly, avoiding the risk of abandonment or summary destruction of the material.

A possible interpretation: the intoxicating effect as a discriminant

The article 18 of the new Security Decree establishes that the hemp inflorescence, when not intended for seed production activities, falls under the regime of law 309/1990. However, it is essential to remember that the same 309/90, a cornerstone regulation on narcotic substances, punishes exclusively conduct related to substances that have intoxicating effect.

This raises a legitimate question: If entrepreneurs were able to demonstrate, with certified analyses, that their material has no drug-like effects, could they continue to operate in compliance with the law?

In other words, the classification of the inflorescence within the 309 does not automatically imply that every form of it should be considered illegal. It is the intoxicating effect, and not simply the presence of the substance, that represents the legal distinction.

Based on this interpretation, a space for technical and legal dialogue with institutions could be opened, aimed at defining objective parameters of non-dangerousness. A possible way to protect companies that operate with seriousness and transparency, and that are ready to scientifically demonstrate the absence of risk to public health.

Hemp safety bill: September 2024

In September 2024, the amendment to the Security Bill that aimed to make light cannabis illegal in Italy, banning its cultivation and the sale of the flowers, was introduced in the Senate.

This amendment was introduced by the Meloni Government in the Security Bill and despite the strong opposition from industry associations, was first approved by the Constitutional Affairs and Justice Committee of the Chamber and subsequently also by the deputies of the Chamber.

The Meloni government did not stop even in the face of the recent measure by the Administrative Court of Lazio that has suspended the Decree of the Ministry of Health that included products containing CBD among psychotropic medicines.

On the contrary, the government has continued its ideological war against the hemp plant, aiming for the final approval of the light hemp security bill by the Senate.

What does the new law on light Cannabis provide and what are the consequences?

The new law on light Cannabis prohibits the cultivation and sale of inflorescences and their derivatives in Italy, applying the sanctions provided by the Consolidated Law on Narcotic Substances to these activities and amending law 242/2016, which contains provisions for the promotion of hemp cultivation and the agro-industrial supply chain.

The fundamental problem is that the government does not distinguish between the light cannabis sector and the industrial hemp sector. While the light cannabis sector concerns the recreational use of the flower buds, the industrial hemp sector exclusively uses cannabis plants with low THC content and certified by the European Union.

The industrial hemp plant cannot do without the cultivation and processing of the inflorescences. For example, hemp seeds rich in active ingredients for the food sector are extracted from cannabis inflorescences with low THC content. Products containing CBD, very useful in the cosmetic sector, come from the processing of the inflorescences.

Prohibiting the cultivation and sale of industrial hemp inflorescences, all activities revolving around the supply chain will be included in the Consolidated Law on Narcotic Substances, and even operations in the textile supply chain and bio-construction will become illegal.

Illegal hemp: the European Commission investigates

As reported by several heads, 17 March 2025 the Parliamentary Committee on Petitions (Peti) examined the request advanced by Mattia Cusani, president of the Canapa Sativa Italia association. The document highlights that prohibiting the processing, transport, and sale of hemp flower would conflict with European Union law.

The Peti Committee does not rule out that this may indeed be the case. Chaired by the Pole Bogdan Rzońca, the Committee has launched an investigation that involves collecting information from the European Commission. The goal is to send a joint letter to the Italian Ministry of Health, requesting clarification.

The text of the petition emphasizes how the Italian security bill risks undermining the single market, threatening the competitiveness of the entire industrial hemp sector and the related jobs. This could constitute a violation of Articles 34 and 36 of the Treaty on the Functioning of the European Union (TFEU), which are fundamental principles of community integration.

Light cannabis illegal: the ruling of the European Court

In the form of an amendment, the decree had already clashed with the recent sentence of the European Court of Justice.

On October 4th, in case C-793/22, the European Judges definitively ruled that the Member States of the European Union cannot introduce any regulation that prohibits the cultivation and sale of the inflorescences and other parts of the hemp plant for industrial use, provided that the cannabis plants have a low THC content.

Therefore, the circulation of products containing extracts of such inflorescences cannot be restricted by national authorities, except in cases of scientific evidence regarding public health risks, which in any case neither the Meloni Government nor any other Member State has ever been able to demonstrate.

is important to remember the principle of hierarchy of sources, according to which the rules and case law of the European Union prevail over any law of the Member States.

So, even in the case of approval of the amendment to the Meloni Government's Security Bill that modifies the provisions for the promotion of hemp cultivation and the agro-industrial supply chain, such a law could be annulled by European judges.

The European Commission could impose economic fines on Italy amounting to millions of euros for infringement of European law.

What does Italian law say about Cannabis?

law 242/2016 on Cannabis states that the cultivation and use of the hemp plant is permitted provided that:

a) intended for industrial uses (food, cosmetic, textile, construction, etc.)

b) use cannabis plants with low THC content (0.2%) and certified by the European Union

Before the entry into force of this law, in Italy the cultivation and sale of the hemp plant was prohibited by the Consolidated Law on Narcotic Substances.

Furthermore, with an important 2020 ruling, the European Court of Justice confirmed that the sale of products containing CBD extracted from the inflorescences of low-THC cannabis cannot be prohibited from the Member States.

Nevertheless, in 2023 and again in 2024, the Italian Ministry of Health attempted to classify products containing CBD as psychotropic medicines listed in the Consolidated Law on Narcotic Substances, but was blocked by the Regional Administrative Court (TAR), which suspended these measures.

With the security decree, the Meloni Government now aims to directly target the Italian law on Cannabis.

In particular, as we have seen, it adds a new paragraph to Article 2 of Law 242/2016, which excludes from regulatory benefits all activities related to inflorescences, even when they involve semi-finished or processed products, such as oils, resins, or extracts.

What to expect from the hemp security bill?

From the hemp security bill, which prohibits the cultivation and sale of inflorescences, nothing good can be expected. The Meloni government's amendment will not only lead to the closure of cannabis shops that sell products for recreational use, but also will also cancel the entire industrial hemp sector.

More than 3000 companies in the sector using low-THC Cannabis plants will close down, and more than 40,000 people will lose their jobs. Products containing CBD extracted from the inflorescences will become illegal and people will be forced to buy it from foreign companies, which will be able to continue importing their products into Italy thanks to European regulations.

Millions of euros invested by Italian entrepreneurs in the sector will be lost. As also noted by Riccardo Magi, Member of Parliament and secretary of +Europa, with the Security Bill the Meloni Government will eliminate an entirely Italian supply chain, while maintaining the absurd belief that they are waging a war on drugs.

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