Cannabis in Italy

Is cannabis legal in Italy?

Italy has a long and unique history with cannabis, one that is still evolving. Currently, cannabis is legal only for medical and industrial use.

However, retailers—whose numbers are skyrocketing—have taken advantage of a loophole in government regulations governing licensed cannabis cultivation, which allows for the unregulated «sale of plants for ornamental purposes.» This has created a booming unregulated market for «cannabis light» for recreational use, with a THC content of 0.6 % or less.

Legislative History

In 2014, the Italian Supreme Court struck down a 2006 law that eliminated the distinction between so-called “hard” and “soft” drugs. Under that law, cannabis was legally treated and prosecuted in the same way as heroin and cocaine.

Since the Supreme Court’s decision, penalties for cannabis use have been significantly reduced. According to the European Monitoring Center for Drugs and Drug Addiction (EMCDDA), possession of cannabis for personal use is generally punishable by administrative penalties, such as the suspension of a driver’s license or passport. A first offense may result in nothing more than a warning, and a «therapeutic» program—such as counseling—may be offered. The line between personal possession and trafficking is determined on a case-by-case basis, taking into account the quantity of the substance found, paraphernalia such as packaging materials, and unauthorized cannabis products.

Criminal sentences for growing and selling without a license—even for personal use—can range from six months to six years.

At its peak, in the early 20th century, Italian hemp was considered among the best in the world. In the 1940s, Italy was the second-largest producer of industrial hemp in the Western Hemisphere, but by the 1970s, it had virtually disappeared amid the global war on drugs. The recent relaxation of cultivation regulations has led to a tenfold increase in the area devoted to industrial hemp since 2013, rising from approximately 400 hectares to 4,000 hectares—or about 988 acres to 9,884 acres.

Cultivating cannabis for industrial purposes requires the use of certified seeds. However, no authorization is required to plant certified seeds that contain minimal levels of psychoactive compounds. The resulting crop, which contains 0.6 % or less of THC, is commonly referred to as «cannabis light» in Italy. If the plant contains more than 0.6 % of THC, the government may confiscate the crop or destroy the cultivation facility.

Where is it safe to consume cannabis?

The lack of clarity regarding the use of cannabis flowers has allowed customers to purchase them legally as «ornamental plants.» This has led to a veritable boom in retailers selling buds in decorative packaging.

Technically, the flower should not be crushed, smoked, or consumed, and the packaging labels contain warnings against consumption. «Legal» cannabis therefore contains no more than 0.6% of THC. Many retailers offer this product. Patients with a prescription may consume their own cannabis in a therapy room.

Despite this surging popularity, potential consumers should be wary, as the law is constantly evolving. In September 2018, a directive issued to the police called for strict inspections of stores and criminal penalties for those selling hemp that does not comply with all government regulations. In addition, various organizations, including the Higher Health Council—the Ministry of Health’s scientific and technical advisory group—have called for a halt to the sale of “light cannabis.”.

Medical use

It is estimated that 2,000 to 3,000 Italians use cannabis for medical purposes due to eligible conditions, including the following:

• Anorexia
• Chronic pain
• Glaucoma
• Multiple sclerosis
• Nausea
• Spinal Cord Injury
• Tourette Syndrome

Medical cannabis is produced by the military or imported from Canada or the Netherlands. Medical cannabis must be purchased at a pharmacy, but demand often exceeds supply.

The Ministry of Health oversees the medical cannabis program. The government requires that patients have tried other treatments before turning to cannabis.

Italy does not require patients to apply for a medical cannabis card. Doctors issue eligible patients limited prescriptions for cannabis, which must be purchased at an authorized pharmacy.

Italy allows patients to grow plants only on a case-by-case basis, but it does permit them to transport medical cannabis. Annual legal consumption of medical cannabis has increased nationwide, rising from 40 kilograms in 2013 to nearly 10 times that amount in 2017, according to the Ministry of Health.