CBD Decree Suspended By Italian Administrative Court for Third Time

Italy’s Regional Administrative Court suspended the Health Ministry’s decree labeling CBD as a narcotic, pending a final ruling in December. This marks the third suspension of the decree to date. The European Court of Justice has also previously ruled CBD and hemp extracts as legal within the EU, and recent ECJ cases reaffirmed member states cannot impose similar restrictions on CBD.

For the third time, Italy’s Regional Administrative Court (TAR) of Lazio has ruled to suspend a Ministry of Health decree that classified oral compositions containing CBD as “narcotic” substances.

After hearing an appeal by ICI-Imprenditori Canapa Italia, the judges accepted the request for suspension brought forth by Sviluppo Srl. The court also confirmed that a hearing scheduled for December 16 will address the merits of all filed appeals against the CBD order.

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Court’s September CBD Ruling Supports Suspension Decision

The TAR’s recent ruling on CBD echoes its decision from September 11, which upheld a similar suspension request against the government measure.

The court stated, “In full agreement with the previous judgment, the conditions for accepting the proposed conservatory request are also present in this case, affirming the December 16, 2024, public hearing for the joint consideration of the appeals related to this case.”

Italy’s Hemp and CBD Industry Faces Major Challenge

Italy’s hemp and CBD industry is likely facing its most significant challenge yet. Beyond pursuing justice domestically, Italian industry leaders are also seeking support from Europe in hopes of solidifying their rights.

Canapa Sativa Italia, a trade group representing the Italian hemp and CBD industry, has filed an official complaint with the European Commission (EC), arguing that Italy’s actions violate the EU’s Common Agricultural Policy and threaten fair competition within the European market.

European Court of Justice Supports Legal Status of CBD Extracts

The European Court of Justice (ECJ) previously ruled in 2021 that CBD extracts, including leaves and flowers, should not be classified as narcotics. The ECJ emphasized that all extracts, including CBD, are legal and marketable within the EU.

In a more recent decision, the ECJ reaffirmed that “no Member State may enact prohibitive measures beyond what is strictly necessary to protect public health.”

ECJ Case Involving Biohemp Concept Sets Precedent for European Hemp Businesses

A recent case involving Biohemp Concept, a company that was barred by Romanian authorities from growing CBD containing hemp indoors and hydroponically, further supported the rights of hemp businesses. The ECJ’s ruling not only favored the company but also established a precedent for all European hemp enterprises, affirming their right to pursue similar cultivation practices.

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