The Italian Ministry of Health surprised the Italian hemp industry by lifting the suspension of the decree of October 1, 2020, suspended at the end of October 2020, and which wanted to classify CBD extracts in oral composition as narcotics. In summary, CBD oils would be likened to a drug that can only be prescribed by doctors and therefore the exclusive prerogative of pharmacies.
Textually, the decree in question cited “the inclusion in the Table of Medicines, Section B, of Presidential Decree 309/90, of compositions for the oral administration of cannabidiol obtained from Cannabis extracts”.
The revocation will come into effect from the thirtieth day following the publication in the Official Journal, i.e. September 21, 2023. The sale of cannabidiol in the form of oils or other extracts must then be done only in pharmacies and under medical supervision.
What future for CBD oil in Italy?
If the decree is implemented, Italy could become the only country in Europe to consider oral preparations of CBD as narcotics. The repeal will affect existing and future products on the Italian market. CBD oils could disappear from over-the-counter sale unless they are made with synthetic CBD, which is not covered by the provision. As for cannabis light rich in CBD, its future is also uncertain.
The European Court of Justice has however ruled that CBD products in a Member State of the European Union should not be considered as narcotics and should be able to circulate freely.
The lawyer Carlo Alberto Zaina underlined in our colleagues of DolceVitaOnline the importance of the opportunity for collective action which could challenge the decree within sixty days of its publication in the official journal.
“When an entire sector sees its rights to freedom of enterprise violated, it is necessary to present a united front and to take the necessary legal actions before the appropriate authorities, in order to safeguard the countless companies linked to the sector and all the resulting jobs.
The lawyer, who has repeatedly challenged the already suspended 2020 Speranza decree, points out that behind a prose intended to dissuade anyone from reading the contents of the decree, nothing is hidden.
“It is certain”, continues Me Zaina, “that the only way to oppose this unacceptable drift is to wage a new jurisdictional legal battle, without quarter, to which all the activities concerned can join, including the very existence depends on it. »
