For the third time, the Italian administrative court suspends the decree that classified CBD as a “narcotic”

Aurelian Bernard for Newsweed.fr

The Regional Administrative Court (TAR) of Lazio has confirmed with a new order and for the third time the suspension of the decree of the Ministry of Health which included oral compositions containing cannabidiol (CBD) in the table of narcotic substances.

After ruling on the appeal filed by ICI-Imprenditori Canapa Italia, the judges accepted the request for suspension proposed by the company Sviluppo Srl, also confirming the hearing of 16 December for the definition of the merits of all the proposed appeals.

The Regional Administrative Court, considering that the order of 11 September last granted the request for suspension against the same government measure, considered that “in full agreement with what has already been judged, the conditions for the acceptance of the proposed precautionary request also exist in this case, confirming the public hearing of 16 December 2024, already set, for the joint processing of the appeals concerning the case in question”.

The hemp industry in Italy is probably facing its greatest challenge today. In addition to mobilizing the national justice system, Italian industrialists are turning to Europe to try to have their rights definitively recognized.

Canapa Sativa Italia , a trade group representing the Italian 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.

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 underlines that these extracts, including CBD , are legal and marketable within the EU.Another decision by the Court of Justice of the European Union (CJEU) recently concluded that “no Member State may enact prohibitory measures going beyond what is strictly necessary to safeguard the protection of public health”.

The case involved Biohemp Concept, a company that had been banned by Romanian authorities from growing hemp indoors and hydroponically. The decision not only vindicated the company but also confirmed the possibility of doing so for all European hemp companies.

Aurelian Bernard for Newsweed.fr https://www.newsweed.fr/3-tribunal-italien-suspend-decret-cbd-stupefiant/?utm_medium=email&_hsenc=p2ANqtz–cCbxfAdD0cHEsFYczrrlYGBVONwtNLmxzpYqS0sFBdq4pxFE75C4K_YO1Xe_5csGfJAngvmr_enV5cd7DrIdMKkDc1DLCa8B9wP0b2Ut-dDPqAwQ&_hsmi=97918792&utm_content=97918792&utm_source=hs_email