Italy’s hemp industry has been dealt another major blow this week as the Regional Administrative Court (TAR) rejected an appeal, rendering CBD oil a narcotic.
It comes just days after Article 18 of Italy’s Security Bill, which equates industrial hemp (inflorescences) flower with high-THC cannabis, was forced through under emergency measures, decimating the industry.
One mild reprieve following this brutal crackdown was that it only banned CBD oils obtained from flowers, so those extracted from the leaves or stems would still be legal for over-the-counter sale.
However, with this latest ruling U-turn by the Court, which twice rejected this crackdown based on a lack of scientific evidence, the restriction now applies to all oral compositions of CBD extracted from the cannabis plant, regardless of whether the extract comes from flowers, leaves, or stalks.
Timeline of the CBD oil ban
- 2020: The initial decree listing oral CBD as a narcotic was introduced by then-Health Minister Roberto Speranza. However, it was immediately suspended, pending input from scientific authorities, the Superior Health Council and Istituto Superiore di Sanità (ISS), and never enforced.
- August 2023: Under the new government led by Minister Orazio Schillaci, the 2020 decree was reinstated without new opinions from the relevant health bodies. This move triggered immediate legal challenges.
- October 2023: The TAR issued a ruling blocking the enforcement of the decree, citing the lack of supporting scientific evidence and reinforcing the argument that CBD is non-psychoactive.
- June 27, 2024: The Ministry of Health reissued the decree, now backed by new opinions from the ISS and the CSS, asserting that oral CBD may present health risks, particularly in relation to its potential interaction with THC.
- September 11 & October 24, 2024: The TAR again suspended the decree, citing a scientific report by Professor Costantino Ciallella, a former forensic medicine director at La Sapienza University, who concluded that CBD does not cause psychophysical dependence and lacks psychoactive effects.
Court’s U-turn
In a ruling on April 16, 2025, the TAR ultimately rejected the appeal brought by hemp industry associations Canapa Sativa Italia, Giantec S.r.l., Biochimica Galloppa S.r.l., and Orti Castello.
Following the decision, Italy has effectively banned the sale of oral CBD products as food or supplements, limiting them to prescription-only medicines, dealing a final blow to an industry already on its knees.
In their challenge of the decree, issued on June 27, 2024, the associations argued that the classification was unjustified, economically damaging, and lacked scientific merit.
However, after twice rejecting the bill, the court sided with the Ministry, accepting its application of the precautionary principle, a European legal doctrine that allows preventive regulation when scientific uncertainty exists about potential health risks.
The Ministry based its decision on evaluations from Italy’s National Health Institute (ISS) and Higher Health Council (CSS), both of which raised concerns about the safety and regulatory oversight of CBD products derived from plant extracts.
These concerns included the potential for liver toxicity, psychiatric side effects, contamination with THC or synthetic cannabinoids, and discrepancies in product labelling.
The court emphasised that the ruling does not equate to listing pure CBD as a narcotic, nor does it affect products containing synthetic CBD.
“In light of uncertain but credible risks to public health, precautionary regulatory intervention is justified,” the judges wrote, citing the Ministry’s duty to protect consumers even in the absence of definitive scientific consensus.
Business of Cannabis will be exploring the rulings and their impact on the industry in the coming days.
