Is CBD Legal Again in Italy?

Recently in Italy, a decision has sparked widespread debate: the classification of CBD as a narcotic. This decision was challenged by a decree aimed at removing oral CBD-based preparations from the list of narcotics. Find out everything you need to know about this hot topic in our article on CBD in Italy.

The decree of August 7, 2023, signed by the current Italian Minister of Health, Orazio Schillaci, reinstated the validity of the decree of October 1, 2020: 

• CBD has been included in the table of “active narcotic substances, including pharmaceutically active substances currently used for human or veterinary therapeutic purposes” annexed to the omnibus narcotics law (TUS, Presidential Decree 309/90),
• Acting Minister Roberto Speranza himself issued a decree on October 28, 2020, suspending it with immediate effect because “the matter requires a more in-depth technical and scientific study. Indeed, as stated in ‘narcotics as defined in the consolidated law.’”

Minister Orazio Schillaci has included CBD on the list of active narcotic substances for no valid reason, raising the fundamental question: Is cannabidiol a narcotic substance, or does it in any way pose a real risk to public health? In this regard, it should be emphasized that: 

• The Court has clearly stated that “national authorities must demonstrate in each specific case that their legislation is necessary for the effective protection of the interests at stake for the State, based on the findings of international scientific research,” in particular that the marketing of the product in question poses a real risk to public health, which must be carefully assessed (judgment of January 28, 2010, Commission v. France, C-333/08, EU:C:2010:44, paras. 87 and 88).
• The decree of August 7, 2023, refers to the opinion set forth in the “Note from the Institut Supérieur de Santé dated November 6, 2020,” which states: “In summary, to answer the question posed, it is emphasized that the available studies generally recommend the use of minimal doses and assess the relationship under medical supervision.”
• Risk/Reward. The literature review concluded that these studies provide no information on side effects (e.g., drowsiness, psychotropic effects) based on different doses, different routes of administration (oral, inhaled), age, sex, and the pathophysiology and characteristics of the user.

The position expressed by the Meloni government through this decree has a clear political basis, which could be described as: 

• unlike the farmers and operators who are investing in Italy’s industrial (non-medicinal) cannabis supply chain under the banner of agroecology and sustainability,
• far from the citizens of Italy, Europe, and other parts of the world who appreciate cannabis and its derivatives, which are available for culinary use as well as for non-narcotic phytotherapeutic applications at a cost well below that of Big Pharma products,
• working as lobbyists for Big Pharma. For many years, they have been working to secure exclusive legal rights to distribute natural and synthetic phytocannabinoids in Rome and Brussels,
• in line with previous administrations. The current deputy prime minister himself, in the first government led by Giuseppe Conte, was responsible for the outflow of investments from the Italian cannabis supply chain in 2019. Roberto Speranza, a minister in Mario Draghi’s government, proposed the decree, which is now back in effect. 

The Lazio Regional Administrative Court (TAR) has suspended the decree classifying oral CBD preparations as controlled substances. 

The suspension is an initiative launched by ICI (Imprenditori Canapa Italia), which filed an appeal with the Lazio Regional Administrative Court on October 3 with the assistance of the law firm Prestige Legal & Advisory. 

The preventive suspension of the CBD ordinance comes after the department witnessed unjustified seizures—even of non-CBD products (such as flowers or cosmetics)—at several stores following the ordinance’s entry into effect. This is stated in the statute.

“To prevent serious and irreparable damage to the entire sector, the Lazio Regional Administrative Court (TAR) approved the request to suspend Ministerial Decree No. 7.8 by Decree No. 6652/2023 of October 5, 2023, issued by the ICI,” explained Raffaele Desiante, president of the ICI. Our colleagues at DolceVita Online add that the reasoning was as follows: “With this in mind, given the arguments presented thus far in the appeal and the attached documents proving that the company was seized and shut down, it is deemed appropriate to comply with the provisions of the Code of Civil Procedure. The conditions for approving the motion to prevent tyranny under Article 56 are pending before the collegiate panel.”

As a result of the aforementioned decree, the ministerial order classifying oral CBD preparations as narcotics is suspended pending its review by the parliamentary chamber. 

On February 14, the Lazio Regional Administrative Court confirmed the legality of using the upper part of the plant, known as the cannabis flower, in accordance with Italian law (No. 242 of 2016) and European and international regulations. 

Attorney Giacomo Bulleri emphasized: “Even taking into account what has happened since it went into effect, the suspension is justified, given that it indiscriminately covers everything, including flowers, oils, and products.” There is no doubt that this is a scientifically unsound measure, because it makes no sense to include it on the list of narcotics when it can be considered a drug; and secondly, it is unlawful because EU rules must be respected. Europe is in the midst of a process of adjustment; therefore, taking a step backward will not help stabilize the market.”

The decision by the Autonomous Region of Lazio marks an important milestone in the debate over CBD regulation in Italy. It raises critical questions regarding the classification of cannabidiol and its availability to the public. 

We hear a lot about the health benefits of CBD: What are they? Are they scientifically proven? 

CBD may help people suffering from chronic pain and inflammation. For example, CBD is believed to have anti-inflammatory properties that interact with the body, according to a 2016 animal study published in *Clinical Hemorheology and Microcirculation*. When applied as an oil or through massage, CBD may relieve pain caused by rheumatic conditions such as osteoarthritis. 

For recurrent migraines, CBD may help manage pain. According to the European Academy of Neurology, compounds found in hemp are more effective than some traditional medications at reducing the frequency and intensity of migraines. 

Finally, CBD may also be beneficial for muscle pain such as fibromyalgia, but the number of studies on the subject is still limited and does not allow for a definitive conclusion. 

When we learn that, according to health insurance data, 20% of the population suffers from anxiety disorders, a natural solution with no significant side effects would be welcome news. Anxiety disorders can be very debilitating in daily life. They manifest in various ways: panic attacks, social phobia, obsessive-compulsive disorder (OCD), etc. People with these symptoms are often prescribed antidepressants, which have unwanted side effects. 

So, treating yourself to CBD—which is made up of natural molecules—could be a real step toward reducing stress. 

Despite their growing popularity, there is no proof that herbal teas and cannabis oils promote sleep. Whether it’s a placebo effect or a real effect, research has been conducted to determine whether they help promote restful sleep. 

When it comes to epileptic seizures, the situation is different, as CBD appears to be proving effective in various studies. For example, according to a U.S. study conducted in 2016, 43% of patients who took CBD and the drug Epidiolex experienced a 50% reduction in seizures, compared to 27% of patients who took a placebo. The results are very encouraging, but should still be interpreted with caution. Indeed, they apply only to people with Dravet syndrome, a severe genetic form of childhood epilepsy. 

For Parkinson’s disease, the effectiveness of CBD has not yet been proven, although research is ongoing. It is therefore important to exercise caution in this regard and not to self-medicate. 

Finally, for people with multiple sclerosis, research has progressed slowly due to legal restrictions. However, studies have shown that patients who have used CBD have experienced a reduction in spasms and pain, which is quite promising. 

In summary, the classification of CBD as a narcotic has sparked debate and controversy in Italy. A recent decree suspending this classification has raised questions about the scientific basis for the decision. Although CBD has been praised for its potential therapeutic effects, its regulation in Italy remains a hot-button issue, underscoring the need for careful scrutiny and consistent regulation.