Italy: Lazio Court reinforces that CBD (Cannabidiol) is not a narcotic

The Regional Administrative Court of Lazio, Italy, yesterday confirmed the suspension of the Ministry of Health's decree that included oral compositions containing cannabidiol (CBD) in the list of narcotics. With a new ordinance – which resumes what was already established last month – and theFollowing the decision on the appeal filed by ICI – Imprenditori Canapa Italia, the judges accepted the request for suspension filed by the company Sviluppo Srl. According to the Italian news agency ANSA.it, the hearing of December 16 was also confirmed, for joint discussion and definition of the merits of all proposed appeals.

The TAR — Administrative Court of Lazio, considered that, with the ruling of 11 September last, the request for precautionary suspension proposed by the appellant against the government provision that sought to prohibit CBD (cannabidiol) from hemp, known in Italy as light cannabis.

Italy’s hemp industry is facing its biggest challenge yet as the government has introduced measures that threaten to eliminate CBD and other hemp-derived cannabinoids from the market. A decree, which came into force on August 5, 2023, classified CBD extracted from cannabis as a narcotic substance, banning its use but allowing extracts with synthetic cannabinoids. This decision sparked outrage from industry stakeholders, who are now fighting to protect the promising hemp industry.

About a month ago, the same Italian court, TAR, had already decided to suspend the government decree classifying CBD oil as a narcotic substance, but industry protests continued. This is another step forward for Italian farmers and traders, who are demanding the right to this crop.

European higher authorities reinforce the legality of hemp
This TAR ruling is in the same vein as the recent one decision of the Court of Justice of the European Union (CJEU), which concluded that “no member state may establish prohibitive measures that go beyond what is strictly necessary to safeguard the protection of public health”.

This was the interpretation of the Court of Justice of the European Union in a case involving Biohemp Concept, a company that was prevented by the Romanian authorities from growing industrial hemp indoors and hydroponically. The company appealed to the Court of Justice of the European Union to rule on these measures. The decision not only ruled in favor of the company, but also marked a historic milestone in European case law on hemp cultivation in Member States.

Obstacles to hemp in Portugal 

In Portugal, the cultivation of hemp in greenhouses is prohibited and the DGAV – General Directorate of Food and Veterinary Medicine, an organization that is part of the Ministry of Agriculture and Fisheries, states that its cultivation is exclusively for fibers and seeds, prohibiting the trade of flowers or CBD.

According to Ordinance 14/2022, which defined the rules for the cultivation of industrial hemp in Portugal, Article 3.º-A, the cultivation of the cannabis plant for industrial purposes “may only be carried out outdoors, by sowing, the transplantation of plants is not permitted, and no stage of plant development may take place in greenhouses, shelters or similar structures”.

With EU incentives through the CAP – Common Agricultural Policy for the cultivation of hemp as a plant for sustainability, reinforced by UN – United Nations, and with the previous decision of the CJEU in the case Kannavape, CannaReporter is trying to get reactions from the Ministry of Agriculture and the Portuguese government, to understand why there are so many obstacles and disinvestment in this sector. Is Portugal adopting measures that go “beyond what is strictly necessary to safeguard the protection of public health”?

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Laura Ramos

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With a degree in Journalism from the University of Coimbra, Laura Ramos has a postgraduate degree in Photography and has been a Journalist since 1998. Winner of the Business of Cannabis Awards in the category "Journalist of the Year 2024", Laura was a correspondent for Jornal de Notícias in Rome, Italy, and Press Officer in the Office of the Minister of Education of the 21st Portuguese Government. She has an international certification in Permaculture (PDC) and created the street-art photography archive “Say What? Lisbon” @saywhatlisbon. Co-founder and Editor of CannaReporter® and coordinator of PTMC - Portugal Medical Cannabis, Laura directed the documentary “Pacientes” and was part of the steering group of the first Postgraduate Course in GxP's for Medicinal Cannabis in Portugal, in partnership with the Military Laboratory and the Faculty of Pharmacy of the University of Lisbon.

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