CBD in Italy: the regional administrative court suspends the decree classifying it as a «narcotic».»

Lazio's regional administrative court (TAR) has suspended the decree which included oral preparations of CBD in the table of narcotics.

This suspension follows an initiative by ICI (Imprenditori Canapa Italia), which lodged an appeal with the Lazio Regional Administrative Court on October 3, with the help of the law firm Prestige Legal & Advisory.

The pre-emptive suspension of the CBD decree was made possible by the fact that, after the decree came into force, the industry witnessed indiscriminate seizures in several stores, even of products - such as flowers or cosmetics - that had nothing to do with what was stated in the decree.

«In order to avoid serious and irreparable damage to the sector as a whole, by decree no. 6652/2023 published on 5.10.2023, the Tar Lazio has granted ICI's request for suspension of the DM of 7.8. 2023,» ICI president Raffaele Desiante explained to our confrères de DolceVitaOnline, In this regard, we would like to point out that, in view of what has been deduced on this point in the appeal, as well as the attached documentation proving the seizure and closure of the companies, we consider that the conditions have been met for the granting of the request for monocratic precaution requested in accordance with article 56 of the Code of Civil Procedure, pending collegial processing«.

As a result of the above-mentioned decree, the ministerial decree classifying oral CBD preparations as narcotics is suspended until the council chamber scheduled for October 24.

On February 14, Tar Lazio had confirmed the legal use of apical plant parts, This means hemp flowers on the basis of Italian law (242 of 2016) and European and international regulations.

«The suspension is justified, even in the light of what has happened since it came into force, with indiscriminate seizures of everything, flowers, oils and products, without distinction,» stresses lawyer Giacomo Bulleri. This is certainly confirmation that this is an anti-scientific measure, because it made no sense to include it in the table of narcotics when it could be considered a medicine, and then anti-legal, given that EU rules must be respected. An alignment process is underway in Europe, so going backwards does not contribute to market stability».