Italy seeks to reclassify cannabidiol as a narcotic

The Italian government, led by far-right Prime Minister Giorgia Meloni, is moving forward with a new decree a controversial proposal that aims to reclassify CBD (cannabidiol) as a narcotic, contrary to global and European decisions regarding CBD regulation.

New Government Decree on CBD Oil

The Italian government introduced a new decree yesterday aimed at classifying CBD for oral use as a narcotic. This decree could take effect 30 days after its publication in the Official Journal. However, it may be subject to an appeal by the TAR, the Italian administrative court. The decree follows the established framework by the previous Speranza decree, who had been broken by the Tar in 2023, but includes new opinions from the Higher Institute of Health and the Higher Health Council, suggesting that these institutions now have sufficient scientific evidence to support this classification.

Giacomo Bulleri, a lawyer specializing in this field, spoke on LinkedIn and to DolceVitaOnline.it on the implications of the decree. He describes the situation as «surreal,» especially since a ruling by the TAR on the matter is still pending. Mr. Bulleri believes that the government could have presented its evidence as part of the ongoing legal proceedings, rather than imposing a new decree. He points out that this decision appears to reflect Italy’s determination to classify CBD as a narcotic, despite the clarification from the European Court of Justice according to which it should not be considered as such.

Mr. Bulleri also points out that the new decree includes World Health Organization recommendations (WHO) from 2020. The WHO had advised all member states not to classify CBD-based products—particularly those with a THC content not exceeding 0.2%—as narcotics. This inclusion raises questions about the scientific necessity and proportionality of the government’s decision.

Impact on the Italian CBD Market

The decree specifically targets oral CBD preparations derived from cannabis, while leaving synthetic CBD products and cosmetic applications unaffected, managed by Cosing. This selective approach adds to the complexity and confusion surrounding the regulations. Furthermore, it creates uncertainty regarding the use of CBD in food products, which could put Italy at odds with the European market as a whole.

Mr. Bulleri warns that Italy risks becoming isolated from the common market. By the end of 2024 or early 2025, the European Food Safety Authority (EFSA) is expected to authorize foods containing CBD throughout Europe, if it manages to pull itself out of the The Novel Food Quagmire. If Italy proceeds with this classification, it could become the only European country to classify CBD as a narcotic, which would hinder its commercial and industrial growth, even though it supplies a large portion of European countries with CBD flowers and extracts.