CBD oil now classified as a narcotic in Italy

The Italian Ministry of Health took the Italian hemp industry by surprise by lifting the suspension of the Decree of October 1, 2020, suspended in late October 2020, and which sought to classify oral CBD extracts as controlled substances. In short, CBD oils would be treated as a medication that can only be prescribed by doctors and is therefore the exclusive prerogative of pharmacies.

The decree in question specifically stated: «the inclusion in Section B of the list of medications in Presidential Decree 309/90 of formulations for the oral administration of cannabidiol derived from Cannabis extracts.».

The revocation will take effect on the thirtieth day following its publication in the Official Journal, or September 21, 2023. The sale of cannabidiol in the form of oils or other extracts will then be permitted only in pharmacies and under medical supervision.

What does the future hold for CBD oil in Italy?

If the decree is implemented, Italy could become the only country in Europe to classify oral CBD preparations as narcotics. The repeal will affect both existing and future products on the Italian market. CBD oils could disappear from over-the-counter sales unless they are made with synthetic CBD, which is not covered by the provision. As for CBD-rich “light cannabis,” its future is also uncertain.

The The European Court of Justice has, however, ruled that that CBD-based products in a European Union member state should not be considered narcotics and should be allowed to circulate freely.

Attorney Carlo Alberto Zaina emphasized to our colleagues at DolceVitaOnline the importance of the opportunity to file a class-action lawsuit challenging the decree within sixty days of its publication in the Official Gazette.

«When an entire sector sees its rights to free enterprise violated, it is necessary to present a united front and take the necessary legal action before the appropriate authorities in order to safeguard the countless businesses associated with the sector and all the jobs that depend on it.».

The lawyer, who has repeatedly challenged the 2020 Speranza decree—which has already been suspended—emphasizes that there is nothing hidden behind the language intended to deter anyone from reading the decree’s content.

«It is certain,» continues Ms. Zaina, «that the only way to oppose this unacceptable trend is to wage a new, relentless legal battle in the courts, one in which all affected sectors—whose very existence depends on it—can join forces.»