The TAR confirmed the suspension of the decree which included oral preparations based on CBD in the table of narcotic medicines. This means that they can continue to sell the products freely that contain the cannabinoid, without the need to go to the pharmacy with a medical prescription.
"There do not appear to be, in fact, any imminent risks for the protection of public health - the judges highlighted, and therefore "the conditions exist for the suspension of the encumbered provision, with the merits being set shortly due to the relevance of the issue at the first public hearing available in the section's calendar". Hearing set for January 16, 2024.
TAR: CBD decree suspended
The TAR, which accepted the appeal promoted by the Italian Hemp Entrepreneurs Association (ICI), identified "defects of lack of preliminary investigation" and "defects in motivation" in the decree. Confirming that were not found dangers of a possible dependence on CBD, neither physical nor psychological.
Finally, the judges again underlined that "the effects of the decree do not appear to result in a mere economic prejudice, but also appear to entail important repercussions in terms of reorganization and reorganization, in order to avoid incurring responsibilities, including in particular criminal liability, of the operators of an entire sector in which the very uncertainty of administrative choices has given rise to a legitimate expectation".
"We are enthusiastic about the confirmation of the suspension because the application of the decree would have limited the sale of CBD products to the pharmaceutical circuit only, also causing a crisis in the entire industrial hemp production sector, which today in Italy has 3 thousand companies and 10 thousand people at work", rejoices the President of ICI Raffaele Desiante.
"We will continue to engage in the appropriate ways and places for clear regulation that takes into account the consumer protection, the development and consolidation of the industrial hemp sector and access to these products by all at a fair price", concluded Desiante.
* Photo by Joel Muniz on Unsplash
