Illegal CBD: is CBD legal in Italy?

Indice dei contenuti

The Enecta products:

they are not medicines;
they are obtained from hemp varieties registered in the Common European Register and in compliance with the other requirements provided by law 242/2016;
they have been regularly notified in the European Cosmetic Products Notification Portal (CPNP).

CBD illegal: the ruling of the Tar of April 16, 2025

With the sentence of April 16, 2025, The TAR has rejected the appeal presented by various companies active in the hemp sativa sector, which challenged the decree of the Ministry of Health dated June 27, 2024.

This decree establishes the inclusion of oral compositions based on CBD (cannabidiol) obtained from cannabis extracts nella Table B of medicines provided for by D.P.R. 309/1990, that is the Consolidated Law on Narcotics.

The Tar rejected the appeal based on criteria that we consider debatable, namely:

Even if CBD were not harmful, when extracted from the cannabis plant it is never completely free of THC.

CBD can interact with THC or other medications, and enhance the psychoactive effects of THC.

is not possible to exclude adverse or psychotropic effects of CBD in non-pharmaceutical products.

Regarding the first point, it is worth remembering that the products based on CBD extracted from certified hemp contain, by definition, THC levels so much negligible not being able to cause a psychotropic or intoxicating effect. As Lorenza Romanese, director of EHIA, recalled, to get a drug-like effect from those hemp varieties, you would need to smoke several hectares of it.

Regarding the second point, is it true that cannabidiol can interact with some drugs, just like most substances, from alcohol to lavender, from St. John's wort to turmeric.

This however, it is not a sufficient criterion to declare CBD unsafeSimply put, anyone undergoing drug therapy should (and usually does) take care to agree on its use with their doctor, just as someone with high blood pressure would before deciding whether to drink coffee and how often.

Regarding the fact that CBD may enhance the psychotropic effects of THC, the studies they tell us exactly the opposite: cannabidiol can help reduce the psychotropic effects of THC.

Regarding the last point: that THC-based products must be safe and tested, we have no doubts. For over 10 years, we have had thorough tests conducted by third-party laboratories that specifically ensure product safety. Our products have also been tested in various scientific studies, for example on thedrug-resistant epilepsy.

We are therefore confident that even companies in the sector can work transparently to ensure safe and quality products.

CBD illegal: Security bill April 2025

On April 11, 2025, the President of the Republic, Sergio Mattarella, signed the security decree, previously approved by the Council of Ministers on April 4. The measure thus enters the parliamentary phase, where it must be converted into law within 60 days to avoid its expiration.

On April 4, 2025, a dramatic turning point for the hemp sector in Italy: the Council of Ministers approved the DDL Security converted into a decree, avoiding any parliamentary debate and speeding up the legislative process. The result? A real clampdown on the entire hemp supply chain, which, from a beneficial agricultural resource, is now treated on par with hard drugs.

According to the lawyer Bulleri, among the first to interpret the scope of the decree, the CBD oils derived from inflorescences will be considered illegal, regardless of the percentage of THC present. Only those obtained from other parts of the plant, such as the leaves or the stem, remain legal.

Let's take a step back to understand what happened.

CBD Decree 2024

On July 6, 2024, a decree issued by the Minister of Health on CBD was published in the Official Gazette. The decree provided for the classification of oral formulations containing cannabidiol (CBD) as narcotic substances, placing them in section B of the medicines table and banning their sale everywhere except in pharmacies. In this video, Jacopo Paolini, one of the founding partners of Enecta, explains some key points of the decree.

The suspension of the CBD 2024 decree

On September 11, 2024, the Lazio TAR suspended the decree of July 6, 2024. With this ruling, the administrative judges accepted the appeal filed by the association Imprenditori Canapa Italia (ICI), setting the next hearing for December 16, 2024. The ruling is still pending, and in the meantime, in September 2024, the government presented an amendment to the Senate that aimed to make hemp illegal, banning the cultivation and sale of flowers and derivatives.

So, the ICI association had also positively commented on the court's decision to suspend the decree, stating that the judging panel had acknowledged the validity of the arguments and once again highlighting the serious economic and social risks that the implementation of the decree could have caused.

This suspension has represented a great victory for the hemp and CBD sector, and it was significant to note that even the judges highlighted the potential harmful consequences for farmers, entrepreneurs, and all workers involved in the hemp sector. Fortunately, the judicial suspension order aims to protect CBD sellers and all workers in the supply chain during the development of the process.

Usually, the precautionary suspension is not granted unless the judges have the feeling that there is some validity in the reasons for the appeal. And it is not the first time that the Tar has intervened in favor of the supply chain.

Below is a brief overview tracing the legal history of CBD in Italy.

CBD in Italy from 2020 to 2025

In 2020, Minister Roberto Speranza issued a decree (October 1, 2020) to include orally used CBD in the list of medicines derived from narcotic substances. On October 28 of the same year, following numerous protests from citizens, manufacturing companies, and associations that use Cannabis for therapeutic purposes, and probably also due to an awareness of the economic damage to Italy, Speranza signed a new decree that suspended the first one and temporarily protected CBD from being classified as a narcotic substance.

Three years later, on August 7, 2023, the Minister of Health Schillaci signs a decree which in turn revokes the previous suspension decree by Speranza. Therefore, from September 20, 2023, “the compositions for oral administration of cannabidiol” will be included in the table of medicines derived from narcotics, which is attached to the Consolidated Text on Narcotics

As communicated by Hemp Entrepreneurs Italy, after the appeal filed by the association to the Lazio TAR on 10/3/23, the Judging Panel has provisionally suspended the application of the Decree of August 7, 2023, which came into force on September 20, 2023

The suspension of the decree was effective until the date of the Judges' Panel Chamber Meeting, set for 10/24/2023. On 10/24/2023, the Court decided to keep the decree suspended until the issuance of the judgment, scheduled for 01/16/2024.

July 6, 2024: the Ministry of Health issues a new decree which is published in the Official Gazette and places oral CBD-based products in section B of the medicines table related to narcotic and psychotropic substances. This decision ignores the ruling of the Lazio Regional Administrative Court (TAR) which had suspended the previous 2023 Decree with identical content. Furthermore, it does not take into account the scientific evidence in favor of CBD and even cites the recommendation of the World Health Organization (WHO) despite it urging EU countries not to include CBD in any medicines and/or narcotics tables

September 11, 2024: the Lazio Regional Administrative Court suspends the decree again and sets a new hearing for December 16, 2024

September 18, 2024: the amendment to the security bill that provides for making light cannabis (hemp) illegal in Italy, banning both the cultivation and the sale of the flowers, arrives in the Senate.

April 4, 2025: the government transforms the bill into a decree, which is approved by the council of ministers. The approved text amends law 242/2016 and in fact limits the production of inflorescences containing CBD. Production, processing, distribution, and consumption of the inflorescences are equated with traditional drugs high in THC. The supply chain is preparing to be razed to the ground.

Looking closely at the data, it seems that Italy is going completely off track compared to European guidelines, without worrying about putting an entire sector at risk and causing economic and employment damage.

What are the weaknesses of the decree on CBD?

Here are some of the weaknesses of the CBD decree, which now appears every year like a birthday:

The 1961 Single Convention on Narcotic Drugs does not consider Cannabidiol (CBD) a narcotic substance
The World Health Organization specifies that it is not a substance to be controlled because it does not cause harm or addiction
The Italian position is in contrast with the positions of the French, English, and German authorities, who have excluded the inclusion of CBD in the national lists of narcotic substances.
The Italian position is in contrast with EU regulations and case law, which by their nature take precedence over Italian laws. As established in 2020 by Court of Justice of the European Union, cannabidiol cannot be considered a narcotic substance and therefore "a Member State cannot prohibit the marketing of cannabidiol (CBD) legally produced in another Member State, provided it is extracted from the entire Cannabis sativa plant and not just from its fibers and seeds"
The decree refers to "compositions for oral administration of cannabidiol." So, for now, inhaled CBD will likely continue to circulate freely. This distraction highlights that the basis of the decree is not a desire to avoid a potential health risk for consumers, but another type of interest.
The decree is in contradiction with the Italian legislation itself, and in particular with Law 242/2016, which allows the cultivation of hemp varieties to obtain, among various products, also food products.
The decree is ambiguous in many of its parts. For example, it does not clarify whether the ban concerns oral use products that contain CBD in part or exclusively products composed solely of CBD as an isolated substance.

But so...

Is CBD legal in Italy?

From when the security decree of April 4, 2025 comes into effect, starting 24 hours after its publication in the Official Gazette, CBD will be legal in Italy only if extracted from permitted parts of plants, such as the leaves and the stem. However, we are still awaiting the final ruling from the Administrative Court, which could change the situation.

Information first of all, CBD is not a narcotic!

Already a previous ordinance issued on January 16, 2024, by the Lazio Regional Administrative Court specified that CBD is not illegal. Even then, the ordinance had accepted the Ministry of Health's request to postpone the decision of the case concerning the annulment of the Decree 28.10.2020, which provided for the inclusion of oral use CBD compositions in section B of the medicines table.

Previously, on October 26, 2023, the Lazio Regional Administrative Court had confirmed the suspension of the Decree of August 7, 2023, which intended to treat CBD as a narcotic and illegal substance.

The new hearing had been scheduled for January 16, 2024. On January 16, 2024, the decision was postponed to September 24, 2024.

The Tar has expressed several doubts about the reasoning of the decree that "appears to lack the requested investigative integration and is not sufficiently clear regarding the profile of the ascertained concrete dangers of inducing physical or psychological dependence".

The decision of the Regional Administrative Court highlights the senselessness and unlawfulness of the Decree, as well as the importance of complying with European Community regulations and safeguarding the Italian players involved in the supply chain.

CBD illegal in Italy: who pays the consequences?

The light cannabis market in Italy generates about 150 million euros per year and takes more than 40,000 people. From the entry into force of the security decree of April 4, 2025, there will be significant economic as well as social damages if we consider the jobs.

All companies that have invested in the cultivation, production, processing, and marketing of CBD will pay the price of this decree one way or another.

As you can imagine, the CBD supply chain is made up of various players, the following are just some of the main ones:

Certified legal cannabis growers
Companies involved in CBD extraction
The laboratories that deal with the mixing of active ingredients
Third-party laboratories responsible for conducting the analysis on the active ingredient
The packaging departments
The retailers
The marketing departments

This large supply chain, which cannot remain invisible, has literally built the CBD market, generating significant profit for the country and providing jobs to many different entities, especially local low-income businesses and young enterprises formed by under 35s.

The complete elimination of the hemp supply chain and the use of exclusively pharmaceutical-grade CBD will cause economic and employment damage that will be difficult to recover from and, what's worse, will leave room for foreign companies to take advantage and seize a significant share of the Italian market, as they are already doing, to the detriment of those who have chosen to invest and work in this country.

Furthermore, as emerges from a survey conducted by Swg and Therapeutic Cannabis on the new decree and the new classification of CBD, in which about 1600 people participated, there is great dissatisfaction in Italy among those who use cannabidiol regarding the government's new measures. 92% of respondents are concerned about the possible increase in CBD costs, about 90% believe that the new decree on CBD will have negative consequences on their health, and more than 50% fear they will have difficulty obtaining CBD easily.

CBD and the position of the European Union

From Europe come encouraging signals: as reported by several testate, last March 17, the Petitions Committee of the European Parliament (Peti) examined a proposal put forward by Mattia Cusani, president of the association Canapa Sativa Italia. The text submitted to the commissioners' attention argues that limiting activities such as the processing, transportation, and marketing of hemp flowers could violate the principles of European Union law.

The Peti Committee does not rule out this possibility; on the contrary, under the leadership of Polish president Bogdan Rzońca, it has decided to further investigate the matter by requesting official information from the European Commission and inviting the Berlaymont building to sign a joint letter to be sent to the Italian Ministry of Health.

The European Union has taken a stance in favor of CBD on several occasions.

In particular, the famous “Kanavape” ruling (C-633/18) should be mentioned of the Court of Justice of the European Union.

In this case, the European judges established that "A Member State cannot prohibit the marketing of Cannabidiol (CBD) legally produced and marketed in another Member State, provided that it is extracted from the entire Cannabis sativa plant and not only from its fibers and seeds" and that any restrictive measures to protect public health must be based on "available scientific data" and not on "purely hypothetical considerations."

On that occasion, the Court clarified that an interpretation of the Single Convention on Narcotic Drugs that implies the classification of CBD as a narcotic “would be contrary to the general spirit of that Convention and its objective of protecting ‘the physical and mental health of humanity’ since ‘based on the current state of scientific knowledge, which must be taken into account, unlike tetrahydrocannabinol (commonly known as THC), also a cannabinoid obtained from hemp, the CBD in question does not appear to have psychotropic effects nor harmful effects on human health.’”

Therefore, the CJEU ruling clarified two important points.

Besides the above, also:

a) natural CBD has been included for some years in the Cosing (Cosmetic Ingredient Database) and is therefore a legally permitted ingredient in cosmetics produced and sold in the European Union;

b) EFSA (European Food Safety Authority) is currently evaluating the request from EIHA (European International Hemp Association) and Enecta to authorize the trade of CBD as a Novel Food in the European Union. The final opinion of this Authority is expected to be issued by 2025.

Already in 2017 the World Health Organization (WHO) stated that Pure cannabidiol preparations, with less than 0.2% THC, should not be under international control because they do not cause harm or dependence.

The legislative situation of CBD in Europe

In Germany, on May 26, 2021, the Administrative Court of Düsseldorf has lifted the ban citizen to sell products with natural CBD.

In France, the Paris Council of State, with order dated January 24, 2022, has suspended the ordinance governmental that limited the use of hemp flowers and leaves to the sole industrial production of extracts and the Conseil d’État French, with the ruling of December 29, 2022, has definitively annulled this measure.

The Administrative Supreme Court of Warsaw, with ruling dated February 17, 2022, has canceled the measure of Chief Sanitary Inspector that qualified the Cannabis Sativa L. how novel food.

CBD and the UK: the FSA says that CBD is safe

While Italy stubbornly continues to consider CBD as a narcotic substance, ignoring the opinion of the World Health Organization and the most authoritative international scientific voices, the rest of the world is moving forward towards progress.

On July 16, 2024, the United Kingdom's Food Standards Agency (FSA) also issued a positive safety assessment for natural CBD isolate. The FSA's scientific opinion was made public during the procedure that EIHA (European International Hemp Association) is carrying out together with Enecta and other partner companies for the approval of CBD as a Novel Food in the UK.

In the statement, the FSA clearly and unequivocally specified that CBD is a safe substance and completely free of risks to human health according to the conditions of use proposed by EIHA in its Application "RP427". This assessment allows CBD products associated with the application submitted by EIHA to proceed to the subsequent control phases to obtain final approval in the United Kingdom.

Can I still purchase Enecta products?

Yes, and with complete peace of mind. Your products are waiting for you, with the same quality and the same safety as always, and many surprises and new arrivals coming soon.

Anytime anything happens, you will still be able to purchase our products on our website because buying Enecta products in Italy remains legal and safe.

We will always defend our work and your needs. As one of the first companies in the sector in Italy, we are moving to open a constructive dialogue with the institutions in order to make our voice heard and try to defend the rights of both those who work in the hemp supply chain and those who use it for their benefit.

If you feel like supporting our cause, you could tell your experience with CBD and give your opinion with a review on Trustpilot. We hope you can continue to support us with the same trust as always, choosing our CBD.

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