Italy: Court rules in favor of using the whole hemp plant

The Regional Administrative Court of Lazio (TAR) in Italy annulled a decree on medicinal plants that limited hemp production to seeds and fibers. This decision authorizes the effective use of the entire hemp plant in Italy, bringing the country closer to European regulations.

The decision, which was brought by industry associations including the Cannabis Sativa Italy, Sardinia Cannabis, Resiliency Italy onlus e Federicapa, stated that restrictions on the use of parts of the plant can only be justified by scientific data and that no distinction can be made between the parts of hemp plants that are grown freely. 

Lawyer Giacomo Bulleri, who assisted the firm heritage, headquartered in Rome, stated to canapaindustriale.it that “it is necessary, in cases such as the one in question, for the administration to provide an adequate explanation of the primary needs for health protection and precaution, providing the scientific data that demonstrate the real existence of a risk arising from the cultivation of hemp plants in the its entirety (i.e. seeds, seed derivatives, leaves and inflorescences from which the resin was extracted)”. 

Relevant ministries will now have to re-examine the measure and hemp-specific legislative amendments will be needed to protect the sector and allow it to function legally. The decision is a benchmark for pending work, such as supply chain panels, and ministries will need to come together to adopt text on products that will adopt TAR indications on the use of all parts of hemp.

Hemp and CBD must circulate freely across Europe 

The TAR cited the recent decision of the French Council of State and the decision of European Court of Justice, who stressed that legal CBD products from a member state should be able to circulate freely throughout Europe. 

The United Nations Conference on Trade and Development (UNCTAD) released a report on industrial hemp, emphasizing that a whole plant approach must be at the heart of any sectoral development strategy. The UNCTAD report suggests that such an approach could contribute to the growth of rural areas, manufacturing industries, and food processing industries. 

The TAR decision does not automatically legitimize the use of hemp in its entirety as a medicinal plant until the law is duly amended, unless an appeal of the decision is lodged by the ministry to the Council of State. 

Regardless of how the situation unfolds, this event undoubtedly marks a victory for the hemp sector, not only in Italy – which thus manages to achieve one of the much desired objectives of being able to use the whole plant and not just parts of it. -, as it is something that could, and certainly will, have repercussions across Europe, especially in countries where the same thing happens – such as Portugal, where the cultivation of hemp is also limited to fibers and seeds, and where it is still awaits the definition and publication of a new ordinance related to this sector.