The Italian government has placed CBD on the country’s list of narcotic drugs, in defiance of a regional administrative court ruling, and in contravention of European Union law.
The Ministry of Health said the designation is in line with Italian Presidential Decree 309/1990, the cornerstone of drug legislation in Italy. But that contradicts a ruling by a regional court last year which was based on a legally binding ruling applicable across the European Union.
The attack is only the latest by the Italian government on CBD. The Ministry of Health first classified CBD as a narcotic and banned the compound from the market in October 2020 – only to rescind the order shortly thereafter.
Later, in a separate attempt in early 2022, the State-Regions Conference – a platform for dialogue and cooperation between the central and regional governments – updated language in a 2018 decree to classify hemp as strictly a medicinal plant.
In that case, four cannabis associations filed suit, and the decree was annulled one year later by the Regional Administrative Tribunal of Lazio, which ruled it went against European law.
‘Humiliates farmers’
The European Commission declared in 2020 that CBD is not a narcotic and may be legally traded in and among member states. That ruling was based on a celebrated European Union Court of Justice finding made earlier in the same year.
In a statement, the farming confederation Cia-Agricoltori Italiani criticized the government for not seeking feedback from producers before listing CBD as a dangerous drug, suggesting the move “humiliates farmers who in recent years have invested money and work in the industrial hemp supply chain.”
“It is not only a questionable measure from a legal, health and scientific point of view, but an intervention that can further complicate the maintenance of a supply chain already severely tested by prejudices,” the farming group said.
Those prejudices are further indicated in an amendment currently before the Italian Parliament that would wipe out CBD and all other products derived from the plant’s flowers, according to Cia-Agricoltori Italiani.
‘Ideological interventions’
Cristiano Fini, the group’s president, said: “We are faced with ideological interventions that risk crippling a supply chain with high added value and youth traction, with enormous production potential in cosmetics, herbal medicine, green building, floriculture, textiles and which is already worth €500 million in annual turnover and has more than 10,000 jobs throughout Italy.”
The proposed amendment now floating in the Parliament would place a blanket ban on hemp flowers, affecting all aspects of production and trade. Leading hemp industry group Federcanapa said its provisions would entirely block the hemp extract subsector, affecting CBD and other non-psychoactive hemp cannabinoids used in herbal medicine, cosmetics and food supplements.
Some parliamentarians and other experts said the amendment would bring the closure of 3,000 businesses and idle 15,000 workers.
Fini said Cia-Agricoltori Italiani has invited government representatives for discussions with CBD operators.
