Italy declares CBD oil a narcotic

In a dramatic shift for the Italian hemp industry, the Regional Administrative Court (TAR) has upheld the classification of CBD oil as a narcotic, banning its sale in all oral forms, regardless of whether it is derived from the flowers, leaves or stems of the hemp plant. The decision marks a pivotal moment in Italian politics, dealing yet another blow to a sector already damaged by recent legal reforms.

The recent decision comes in following article 18 of the Italian Security Law, which controversially equated industrial hemp flowers with high-THC cannabis. Passed under emergency provisions, this law caused widespread panic in the hemp industry, severely limiting cultivation and sales.

Initially, there was one small consolation: CBD oil derived from stems or leaves was still permitted. However, that distinction has now been eliminated. The court’s latest ruling extends the ban to all oral CBD products, intensifying the regulatory crackdown and leaving the industry in legal limbo.

Timeline of Italy’s CBD legal battle, according to Business of Cannabis

• 2020: A decree by then Health Minister Roberto Speranza classified oral CBD as a narcotic. The decree was immediately suspended due to lack of scientific support.
• August 2023: Under the new administration led by Health Minister Orazio Schillaci, the suspended decree was reintroduced – again without updated scientific assessments.
• October 2023: The TAR intervened, suspending the decree and declaring that there was insufficient evidence that CBD posed a health risk.
• June 27, 2024: The Ministry of Health reissued the decree, this time citing recent assessments by the Istituto Superiore di Sanità (ISS) and the Superior Council of Health (CSS), which highlighted potential health risks associated with oral CBD.
• September 11 and October 24, 2024: The court again paused in the application of the law, referring to expert opinions, notably a report by Professor Costantino Ciallella, a specialist in forensic medicine, who affirmed the non-psychoactive and non-addictive nature of CBD.

April 2025: The Court reverses its position

On April 16, 2025, the TAR ruled against hemp industry advocates, including the Cannabis Sativa Italy, Giantec Srl, Biochimica Galloppa Srl and Orti Castello. The appeal argued that the decree lacked scientific basis and inflicted unfair economic harm. Despite previous rejections of similar measures, the court sided with the Health Ministry, invoking the precautionary principle – a European legal doctrine that allows regulatory action amid scientific uncertainty.

The court justified its reversal by stating that “uncertain but credible risks to public health” warranted immediate regulation. While acknowledging that pure CBD is not classified as a narcotic, the court upheld restrictions on plant-derived CBD products due to potential safety concerns. These include:

• Possible liver toxicity
• Psychiatric side effects
• Contamination with THC or synthetic cannabinoids
• Inconsistent labeling and lack of regulatory control

Implications for the Italian CBD and Wellness Market

This decision effectively restricts all oral CBD products in Italy to prescription-only pharmaceuticals, cutting off access to over-the-counter options and drastically reducing consumer choice. For an industry already weathering one storm after another, this represents a near-fatal blow.

The economic fallout is expected to be severe, with small-scale hemp farmers and wellness retailers suffering the consequences. The once-thriving market for legal CBD oils, supplements and tinctures faces a complete overhaul, with many businesses either closing down or switching to non-ingestible products such as topicals or cosmetics.

Hemp sector outraged by Italian government measures: a “regressive step” 

Hemp companies have expressed outrage, calling the decision a “regressive step” that undermines both economic development and scientific evidence. Many argue that the precautionary measures are disproportionate and risk confusing non-psychoactive CBD with illicit substances.

Legal experts suggest that further appeals, possibly to European courts, may be on the horizon. In the meantime, some companies are exploring synthetic alternatives to CBD, which are legally unaffected by the ruling.

Italy’s tough stance stands in stark contrast to broader trends in the European Union, where many countries are liberalizing CBD regulation in recognition of its therapeutic potential. Indeed, the European Court of Justice has already ruled that CBD is not a narcotic, as long as it is derived from legally grown hemp.

Italy’s divergence from this framework raises questions about regulatory coherence across the EU and whether future EU-wide litigation could challenge the national decree.

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João Xabregas

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With a professional background in CAD technical drawing (2D and 3D), João Xabregas is an activist and advocate for all uses and applications of cannabis. He discovered and entered the world of cannabis during his youth, where he developed a special interest in the cultivation of the plant, which led him on a journey of self-learning through the world of cannabis that continues to this day. His adventures linked to cannabis cultivation began with the same goal as many others: to be able to guarantee the quality and eliminate any possible risks to his health of what he consumed, as well as to avoid any type of dependence on the illicit market. However, he quickly began to view the world of cannabis and everything related to it with a very different perspective. He admits the enormous passion he has for the most persecuted plant in the world and about which he is always willing to write and have a good conversation.

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