The Italian hemp industry is continuing to battle attempted government crackdowns on two separate fronts.
Last week, the European Commission (EC) reportedly launched an investigation into the legality of an attempt to impose a ‘grotesque crackdown’ on all commercial activity surrounding industrial hemp.
Meanwhile, on October 22, 2024, a coalition of Italian hemp industry associations, led by Canapa Sativa Italia, hosted a Senate conference on the implications of proposed Article 18 of Italy’s Security Bill in an effort to shift opinion on this non-sensical bill.
Elsewhere, legal battles have continued to rage regarding a separate effort to classify ‘oral’ CBD solutions as narcotics, seeing a high court suspend the efforts until a hearing in December.
Luca Fiorentino, CEO of Cannabidiol Distribution Italy, told Business of Cannabis: “The Meloni government is attempting to obstruct the sector in various ways… It is crucial for us that Europe sheds light on the Italian market situation. This government poses a threat to our industry and the future of our country, as it makes authoritarian and ideologically driven decisions that disregard scientific data.”
Article 18 of the Security Bill
As Business of Cannabis previously reported, on July 31, the joint Constitutional Affairs and Justice committees of the Chamber voted to add an amendment to the Security Bill that would make flowering cannabis of all types, regardless of THC content, illegal and considered a narcotic.
This bill, which was already passed by the Chamber of Deputies in September and is now being debated by the Senate, is expected to lead to the closure of 3000 businesses and the loss of 15,000 jobs supported by the hemp industry.
It has proved inflammatory on numerous issues alongside hemp, including alleged human rights violations, and advocates have been calling on the EU to examine its legality since it was first announced.
The industry has found support from the 5-Star Movement (M5S) in Brussels, which urged the European Commission to intervene in August, arguing that the ban contradicts EU laws on the free movement of goods and the non-narcotic status of CBD as established by a 2020 EU Court ruling.
Italy’s pushback against the controversial provision has also found support from other key figures in the EC, as Mr Fiorentino explains.
“This provision led to an inquiry by European Commissioner for Health Stella Kyriakides, prompted by MEP Cristina Guarda. Commissioner Kyriakides responded, stating: ‘The European Commission has received complaints and is currently examining the compliance of this measure with EU law. As part of this process, compliance will also be assessed in light of Article 36 of the Treaty on the Functioning of the EU’, concerning the prohibition or restriction on the import, export, and transit of goods and services within the European single market.”
Meanwhile, as the bill continues to make its way through the legislative process, the Italian Senate hosted a conference led by Canapa Sativa Italia and supported by major agricultural associations, academic experts, and legal professionals to address concerns over Article 18.
This conference aimed to shed light on the scientific, economic, and regulatory issues at stake for Italy’s industrial hemp industry.
During the event Mattia Cusani, president of Canapa Sativa Italia, emphasized that hemp is non-psychotropic, drawing parallels between low-THC hemp and non-alcoholic beer to underscore the lack of narcotic effects.
Economic implications were a key point of debate, with industry representatives warning that a ban on domestic hemp products could lead Italy to rely on imports from countries with more favorable regulations, such as Croatia, France, and Germany.
Lorenza Romanese of the EIHA noted the risks of Italian isolation, stressing that the EU prohibits member states from blocking the trade of legally produced goods.
Following the conference, stakeholders called for immediate amendments to Article 18 before the Security Bill progresses in the Senate, with the deadline for modifications set for November 7.
TAR of Lazio Reinforces Legality of CBD
Meanwhile, the government is also attempting to place CBD for ‘oral use’, referring specifically to CBD oils, on the list of medicines containing narcotic substances.
This decree, which took effect on August 05, was already suspended by the TAR of Lazio, a key appeals court in the country, in September.
Its September suspension, in response to an appeal from stakeholders represented by Imprenditori Canapa Italia (ICI), already marked the third time the court had ruled that CBD was not a narcotic, painting a clear picture of the government’s relentless efforts to interfere with legal hemp.
Last week, in response to another request for suspension brought by the company Sviluppo Srl, the court reiterated its September ruling, accepting the second suspension request while confirming the next hearing on the issue will be held on 16 December.
Italian Journalist Fabrizio Dentini told Business of Cannabis: “This TAR decision is is in line with previous Italian administrative jurisprudence. In fact, this decision confirms that CBD is not a narcotic and hereby blocks the inclusion of oral compositions containing CBD in the list of narcotic substances.”
Despite this, Mr Fiorentino believes this is far from the end of the hemp industry’s battle with the Meloni administration.
He explained: “Unfortunately, despite the TAR’s suspension of the initial measure, little has changed.
“A typical government would acknowledge such rulings and legislate accordingly. However, Meloni has already claimed that she considers the ruling to be ‘politicized by Democratic judges,’ and we believe she may adopt a similar stance if the European Commission issues a positive response… We anticipate that the government will continue seeking other ways to suppress the sector.”
However, there is a ray of hope that the sustained dual pressure from both the court and the EC will expose cracks in the ruling party.
“With sustained pressure, I believe a split could emerge within the government itself, with the liberal and pro-European party (Forza Italia) championing the economic and employment value of this market.
“Given the current state of Italian politics and the weakened democratic forces in Parliament, I believe Forza Italia is the only party capable of mediating with Meloni’s ultra-conservatives, possibly proposing a controlled market through licensing.
“Additionally, Forza Italia needs to present itself to conservative voters as a more ‘moderate’ alternative to Meloni’s party, and this issue could support that stance.”