CBD in Italy: the regional administrative court suspends the decree which classified it “narcotic”

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The Regional Administrative Court (TAR) of Lazio suspended the decree which included oral preparations of CBD in the table of narcotics.

This suspension follows an initiative by ICI (Imprenditori Canapa Italia), who filed an appeal with the Lazio Regional Administrative Court on October 3, with the help of the law firm Prestige Legal & Advisory.

The preventive suspension of the CBD decree was made possible by the fact that, after the entry into force of the decree, the sector witnessed indiscriminate seizures in several stores, even of products – such as flowers or cosmetic products – which had nothing to do with what was indicated in the decree.

“In order to avoid serious and irreparable damage to the entire sector, through Decree No. 6652/2023 published on 5.10.2023, Tar Lazio granted the request for suspension of the DM of 7.8. 2023 formulated by ICI”, explained the president of ICI, Raffaele Desiante, to our colleagues from DolceVitaOnline, adding that the motivation is as follows: “Considering that, taking into account what was deduced on this point in the appeal as well that from the attached documentation which proves the seizure and closure of the companies, it is considered that the conditions are met for the granting of the request for monocratic precaution requested in accordance with article 56 of the Code of Civil Procedure, pending the collegial treatment “.

As a result of the aforementioned decree, the ministerial decree classifying oral CBD preparations as a narcotic is suspended until the council chamber scheduled for October 24.

Last February 14, Tar Lazio confirmed the legality of the use of the apical parts of the plant, therefore hemp flowers, on the basis of Italian law (242 of 2016) and European and international regulations.

“The suspension is justified, even in light of what has happened since its entry into force, with indiscriminate seizures of everything, flowers, oils and products, without distinction,” emphasizes lawyer Giacomo Bulleri. This is certainly confirmation that it is an anti-scientific measure, because it did not make sense to include it in the table of narcotics when it could be considered a medicine, and secondly anti-legal, given that EU rules must be respected. An alignment process is underway in Europe, so going backwards does not contribute to market stability.”

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