Italian courts continue to weaken the ban on CBD flowers in Italy

The legal battle in Italy: All About Hemp Flowers and "Light" Cannabis continues to intensify, with two regional administrative courts issuing rulings that further weaken the government’s «security decree.».

As judges have become increasingly reluctant to automatically apply the’prohibition introduced by Article 18, several municipalities, led by mayors from both the right and the left, continue to order business owners to close their shops.

These latest rulings join a growing series of court decisions calling into question the practical application of the decree, even as the future of the Italian hemp industry now depends largely on the upcoming decisions of the Constitutional Court and Court of Justice of the European Union.

A court in Liguria suspends a closure order in Ventimiglia

The June 11, the Regional Administrative Court (TAR) of Liguria has suspended an ordinance issued by the municipality of Ventimiglia requiring a retailer to stop selling hemp flowers and related products through vending machines.

The municipality had ordered the closure on March 10, arguing that Article 18 of the safety decree was immediately enforceable and justified the ban without the need to assess whether the products produced psychoactive effects. The authorities asserted that this measure was necessary to protect public order.

The judges did not accept this argument and decided to suspend the order pending a review of the merits of the case. According to the court, the immediate enforcement of the closure could cause the company «serious and irreparable harm,» which could lead to its bankruptcy.

The Lawyer Lorenzo Simonetti, who represented the merchant, stated that this decision reflected a broader legal principle derived from criminal case law.

«The underlying reason for this suspension is, above all, another: concrete evidence of psychoactive effects is required to ban the sale of «cannabis light,» as demonstrated by criminal case law.»

Mr. Simonetti also described this ruling as the first decision by an administrative court to draw on both administrative and criminal case law to support the legality of retail sales.

Case in Lombardy Paused Pending Decisions by Higher Courts

A similar dispute took place in Nova Milanese, in Lombardy. There, the municipality also ordered a retailer to hemp to cease its operations pursuant to the safety decree, threatening to seal off the premises.

Unlike the case in Ventimiglia, however, the owner of the business decided to close his store before the court ruled on the appeal.

The June 17, the Lombardy Regional Administrative Court has suspended the proceedings, deciding to wait for guidance from the Court of Justice of the European Union or the Italian Constitutional Court before rendering a final judgment.

A crucial hearing before the Constitutional Court is scheduled for October 21, 2026, a date that is expected to play a decisive role in determining the future legal status of the hemp flowers in Italy.

Political divisions remain unclear

These legal disputes also highlight the complexity of the political landscape surrounding the regulation of hemp. The order to close the facility in Ventimiglia was signed by the mayor Flavio Di Muro, a member of the right-wing party «La Ligue.» In Nova Milanese, however, the order was issued by the mayor Fabrizio Pagani, elected with the support of the Democratic Party (center-left).

This situation stands in contrast to the Democratic Party's overall legal strategy, since the regional governments of the Puglia and the’Emilia-Romagna challenged the national ban before the Constitutional Court.

The Lawyer Giacomo Bulleri believes that this apparent contradiction reflects a long-standing trend: «For many years, I have observed that hostility toward hemp transcends political divides, on both the right and the left, with little distinction.»

The sector is receiving increasing legal support

The Professional Association Canapa Sativa Italia welcomed Liguria’s decision as further confirmation that Article 18 alone cannot justify the dismantling of Italy’s legal hemp sector. The association reiterated a position it has been advocating through its Article 18 Observatory.

«That is exactly the position we advocate at the Article 18 Observatory: the flower alone is not enough to constitute a crime, and Article 18 alone is not enough to destroy an entire supply chain.»

For now, the legal landscape remains fragmented. Some businesses continue to operate under the protection of the courts, while others have already closed their doors as a result of enforcement actions taken by municipalities. All eyes are now on the Court of Justice of the European Union, which could ultimately determine the future of the CBD flower market in Italy.