The hemp it's a agricultural and legal product, as supported by sector associations, scientific studies and Italian and European rulings, or narcotic and illegal How does the government claim?
We will have a definitive answer soon. And it will be there Court of Justice of the European Union having to decide. Marking the point of no return for the entire hemp industry. Inside and outside Italy.
The hemp ban conflicts with European law
Last November 11th, with an ordinance welcomed by the associations, the Council of State passed the ball to the European Court of Justice, which is in its hands the fate of the green sector in Italy.
In particular, after having analyzed the entire legislation, the Council of State has a doubt fundamental:
Article 18 of Security Decree approved by the government, which includes hemp inflorescences and its derivatives in Table II and considers them to be narcotic, even if they derive from certified European varieties and with a minimum percentage of THC lower than 0.2%, conflicts with community law, on issues such as the common agricultural policy, competition and the free market?
Simply put: national legislation can prohibit the cultivation and trade of "light cannabis" and its derivatives, even if these they respect the limits of THC dictated by the European Union?
A plant. No distinction
The ruling of the TAR of Lazio n. had already provided clarity. 2616/2023, recalled by the Council of State in the ordinance, which had already underlined how the community legislation it makes no distinction between the various parts of hemp.
In fact, according to European regulations, all parts of the Cannabis Sativa: seeds, leaves, flowers etc., they are legal if they derive from certified varieties and have a THC content of less than 0.2% (with tolerance up to 0.6%).
The doubt of our highest administrative body is therefore legitimate: if hemp is a product considered agricultural, why does Italy want to apply the drug law?
A historic turning point for the hemp sector
The European Court's decision will mark a point of no return for all Member States.
After years of laws, sentences and trials, the EU Court will definitively clarify whether a member state, in this case Italy, may or may not apply autonomous restrictions on hemp. And adapt to community lines.
Indeed, if the Court of Justice were to confirm a contrast between Italian and European legislation, the Italian regulations would automatically be disapplied.
"A step forward for regulatory clarity"
"The ordinance of the Council of State published yesterday represents a step forward towards the much desired regulatory clarity for the hemp sector. With the referral to the Court of Justice of the European Union, the possibility finally opens up to clarify, once and for all, that the legislation on narcotics cannot be applied indiscriminately to hemp flowers, leaves, oils and resins coming from certified varieties and with THC within the legal limits".
These are the words of the MEP Cristina Look (Greens and Left Alliance): promoter of the amendment recently approved by the European Parliament, which includes hemp flowers and leaves among the agricultural products regulated by the Common Market Organization (CMO).
Now the ball passes to the judges of Luxembourg, who must decide if the Italian law should be disapplied because it is in conflict with European Union law.
