Italy: Council of State accepts appeal lodged by associations linked to hemp

Italian hemp producers and traders this week celebrated another victory in their long legal battle against the Government of Giorgia Meloni, with the acceptance by the Council of State of the last judicial appeal to halt an amendment to the law that put the entire sector at risk.

Meanwhile, two more court decisions are awaited that could be decisive for the entire hemp industry in Italy and even for the rest of the EU member states. Portugal could also benefit from these decisions, as it is legally in a similar situation (albeit at opposite ends of the spectrum in terms of civil society mobilization).

The Italian Government led by Georgia Meloni had tried to limit hemp production to just fibre and seeds, but producers and traders claimed the right to use the whole plant and notably to produce oils and CBD products derived from hemp. In Italy, hemp must have a THC content of less than 2 mg/kg, or 0.2%, the legal limit stipulated in the country. However, there is a tolerance of up to 0.6% without criminal penalty for the farmer, that is, crops with up to 0.6% THC do not imply criminal liability for the producer, as long as EU-registered seeds are used and technical rules are followed.

On the 15th, Section III of the Italian Council of State granted the appeal brought by the Association Canapa Sativa Italia, determining that the previous decision of the Lazio Regional Court is suspended as a precautionary measure (Ordinance No. 4506/2025 of December 15, 2025) and postponing the next hearings to May 7, 2026.

A “Ordinanza” of the Italian Council of State on the appeal against the judgment of the Lazio Regional Administrative Court No. 02616/2023 of 11 November 2025, pp. 1, 2 and 22.

The court had ruled in October this year against the appeal imposed by the associations and in favour of therevision of the National Security Law June 2024 approved by government of Giorgia Meloni based on the opinions of Higher Health Council and the country’s Higher Institute of Health. An amendment to the Drugs Act naciona l which determined that oral cannabidiol (CBD)-based compositions naturally extracted from the plant were now included in section B of the table of medicinal products (DPR 309/90), transforming this cannabinoid in a controlled substance. This is the table of the “active substances of medicinal products currently in therapeutic use for which a lower induction of dependence has been scientifically demonstrated compared to section A narcotics”. This list includes barbiturates, benzodiazepines “which can potentially cause iatrogenic dependence”, anti-epileptic drugs and (Delta-9)-tetrahydrocannabinol (THC).

According to a news from the EU News newspaper, “the eventual approval of ‘DDL Sicurezza’ would affect not only small CBD retailers (…), but also excellent agro-industrial supply chains such as cosmetics, floriculture, dietary supplements and herbal medicine.”

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