Today, Italy’s Administrative Court (TAR) dismissed the appeal filed by national hemp associations against the Ministry of Health’s decree classifying oral-use CBD preparations as narcotic substances. The ruling marks another serious setback for the Italian hemp and CBD sector—and may significantly impact the country’s future in the European cannabinoid market.
A Dangerous Legal Precedent
By confirming that oral CBD products fall under narcotics law, the court essentially treats non-psychoactive CBD oils and supplements the same as high-THC cannabis. The move contradicts the 2020 European Court of Justice ruling, which stated that CBD is not a narcotic and is protected under the EU’s free movement of goods.
This ruling jeopardizes thousands of jobs and may severely limit Italy’s role in developing novel food products and cannabinoid-based wellness innovation across Europe.
Context: Emergency Hemp Flower Ban Last Week
The court decision follows last week’s controversial emergency decree passed by the Italian government, which banned hemp flower entirely, regardless of THC content. Without going through parliamentary debate, the government reclassified industrial hemp flower as a narcotic, criminalizing its cultivation, sale, processing, and possession.
Industry groups estimate that this decree endangers 22,000 to 30,000 jobs and threatens to bankrupt over 3,000 businesses. Issued as part of a broader security package, the decree was fast-tracked under Article 77 of the Italian Constitution, bypassing parliamentary checks and immediately entering into force. It remains in effect temporarily, pending either conversion into law or rejection by President Sergio Mattarella.
Legal Experts and Industry Leaders Sound the Alarm
Legal professionals—including attorneys Giacomo Bulleri and Carlo Alberto Zaina—argue the decree and CBD classification violate both the Italian Constitution and European Union law. They cite a lack of proportionality, scientific basis, and legal clarity.
Meanwhile, European policymakers are beginning to intervene. In March, the EU Parliament’s Petitions Committee issued a formal complaint to Rome, giving the Italian government 90 days to respond to concerns over potential treaty violations.
Time for a Council of State Appeal
Industry stakeholders stress that legal escalation is urgently needed.
“I believe an effective legal action before the Council of State is needed to overturn the TAR ruling. This decision not only disrupts current business models but also risks undermining Italy’s potential in the novel food and cannabinoid sectors across Europe,” said one industry representative.
Conclusion
Today’s ruling highlights the growing legal pressure on Italy’s hemp and CBD economy. A coordinated crackdown—first on oral CBD, now on low-THC hemp flowers—puts the entire sector at risk. The next crucial step is a Council of State appeal and stronger pressure on the European Commission to protect legal markets and harmonized standards across the EU.
