European Commission opens investigation into Italy’s ban on CBD and hemp flowers

[Article written by Aurelean Bernard for Newsweed.fr, link below. When the European commission makes a determination on the legality of CBD flowers, this will directly affect Germany which has banned CBD and hemp flowers. Germany is continuing to convict retailers for selling hemp and CBD flowers. German prosecuters and judges maintain that hemp and CBD flowers are narcotics. It will become difficult for any country to continue ignoring EU law regarding CBD flowers – when the EU makes a ruling specific to CBD flowers – as Italy is requesting. The European Court of Justice (ECJ) has made its intentions quite clear about industrial hemp but Germany seems to have found these decisions vague and inoperable. Germany seems to have reshaped EU hemp law and interpreted EU law in a way that differs from much of Europe. Has Germany’s reshaping of and interpretation of EU law been in-keeping with what the EU asks? We will know the answer to this once the EU commission decides this case. ]

European Commission opens investigation into Italy’s ban on CBD and hemp flowers

( Aurelean Bernard)

The European Commission has opened an investigation into recent measures taken by the Italian government to stop the trade in CBD and hemp flowers .The move follows a series of complaints from stakeholders who believe Italy’s measures could breach EU regulations.This decision pushed by the far-right Italian government has raised serious concerns, especially since Italy is a key player in the European market for industrial hemp and CBD products 

Italy’s decision to ban CBD and hemp flowers

The Italian government, led by Prime Minister Giorgia Meloni , is proposing a two-part strategy to eliminate legal hemp flowers in the EU, which contain cannabinoids such as CBD.Industrial hemp flowers, although non-psychoactive, are used to produce CBD and are also marketed in Italy under the name “cannabis light”, an attractive product for consumers seeking the benefits of cannabinoids without the psychoactive effects.

The current controversy stems from an amendment to the 2023 Security Law that would impose a complete ban on the sale of hemp flowers. This amendment was passed by the Italian Chamber of Deputies in September 2024 and must now be considered by the Italian Senate . If approved, the amendment could effectively dismantle the CBD and hemp flower market in Italy by cutting off the main source of these products.

Legal and economic implications

One of the main arguments against Italy’s efforts is that they contradict European Union (EU) laws on the free movement of goods and competition. Canapa Sativa Italia , a trade group representing the hemp industry, has filed a formal complaint with the European Commission (EC) on the grounds that Italy’s actions violate the EU’s Common Agricultural Policy and threaten fair competition within the European market.

To add to the complexity of the situation, the Court of Justice of the European Union (CJEU) already ruled in 2021 that hemp extracts , including leaves and flowers, should not be classified as narcotics. The CJEU’s decision emphasizes that these extracts, including CBD , are legal and marketable within the EU.

This ruling led the European Commission to consider that CBD could not be treated as a narcotic substance. As a result, many EU member states, including France and Italy, revised their national legislation to align with this decision.

The current ban proposal in Italy, if adopted, could have far-reaching consequences for various industries that rely on CBD products . In particular, the market for dietary supplements , herbal medicines , and perhaps even cosmetics would be significantly affected.

Yet in 2021, CBD was approved for inclusion in Cosing , the European database for cosmetic formulations, indicating that the ingredient is safe and legal for use in cosmetic products. The proposed legislation raises concerns that the CBD cosmetics sector could also face restrictions, despite these legal protections. France is not far behind on the issue, as it is currently trying to have CBD classified as reprotoxic and banned from cosmetics.

Response from the European Commission

The European Commission’s investigation is being closely followed by stakeholders in the hemp and CBD industries .Italian Member of the European Parliament Valentina Palmisano expressed satisfaction with the Commission’s commitment on this issue. According to Ms Palmisano, the amendment equates light cannabis with illegal drugs, an approach she considers fundamentally wrong. Ms Palmisano stressed that this amendment goes against the 2021 CJEU ruling and opposes EU regulations that support the trade and production of legal hemp flowers and CBD products.

The Commission’s investigation will take into account complaints filed by many Italian stakeholders who claim that the government’s actions could harm the EU hemp industry as a whole. If the investigation concludes that Italy’s proposed ban is contrary to EU law, it could prevent the implementation of these restrictive measures and protect the Italian and European CBD markets from further disruption

Aurelean Bernard

https://www.newsweed.fr/la-commission-europeenne-ouvre-une-enquete-sur-linterdiction-par-litalie-du-cbd-et-des-fleurs-de-chanvre/?utm_medium=email&_hsenc=p2ANqtz-_LXhXxg1665vtDMn646wEWlJLnsTBPzgIwiXtatFNqADw9Id5ea9kUV3otyxxNdx2Ics0tP035WCjtFLXkaznIKPRBhVcCD0EV3Osts3suLmlv2ws&_hsmi=97433007&utm_content=97433007&utm_source=hs_email