For the third time, the Italian administrative court suspends the decree that classified CBD as a “narcotic”

The Lazio Regional Administrative Court (TAR) has confirmed a new order and for the third time the suspension of the Ministry of Health decree which included oral compositions containing cannabidiol (CBD) in the table of narcotic substances.

After ruling on the appeal lodged by ICI-Imprenditori Canapa Italia, the judges accepted the request for suspension proposed by Sviluppo Srl, also confirming the December 16 hearing to determine the merits of all the proposed appeals.

The Regional Administrative Court, considering that the’order of September 11 granted the request for suspension against the same government measure, considered that «in full agreement with what has already been judged, the conditions for the acceptance of the proposed conservatory request also exist in this case, confirming the public hearing of December 16, 2024, already set, for the joint processing of appeals concerning the case in question».

Italy's hemp industry is probably facing its greatest challenge today. In addition to mobilizing national justice, Italian manufacturers turn to Europe to try and get their rights recognized once and for all.

Canapa Sativa Italia, a trade group representing the Italian hemp industry, has lodged an official complaint with the European Commission (EC) on the grounds that Italy's actions violate the EU Common Agricultural Policy and threaten fair competition in the European market.

The Court of Justice of the European Union (CJEU) a already ruled in 2021 that extracts of hemp, including leaves and flowers, were not to be classified as narcotics. The CJEU's decision stresses that these extracts, including the CBD, are legal and marketable within the EU.

Another ruling by the Court of Justice of the European Union (CJEU) recently concluded that 'no Member State may enact prohibition measures going beyond what is strictly necessary to safeguard the protection of public health».

The case involved Biohemp Concept, a company prohibited by the Romanian authorities from growing hemp indoors and in hydroponics. The ruling not only vindicated the company, but also confirmed that all European hemp companies are allowed to do so.