The Judgment of the Court of Cassation
On May 30, 2019, the Court of Cassation issued a ruling that revolutionized the landscape of legal CBD in Italy. According to this ruling, the sale or transfer of products derived from cannabis cultivation, such as CBD oil, leaves, inflorescences and resin, would no longer be permitted. This decision, based on Law 242, has generated uncertainty in a constantly growing sector.
The Change since 2016
Since December 2016, Law 242 had given the green light to the production and marketing of light cannabis and its derivatives in Italy. This led to the creation of more than 15,000 companies dedicated to the cultivation and marketing of hemp, with an estimated turnover of 150 million euros per year. However, the lack of legislative clarity has put these companies at risk.
The Quantitative Limits
Law 242 established quantitative limits for the concentration of THC in cannabis-derived products. Although these parameters originally applied only to crops, the Court of Cassation ruling has raised questions about the legality of retail products. How to determine if a product is legal? Who decides if a product has doping efficacy?
The Economic Impact
The ruling has had a negative impact on the legal CBD market in Italy. Companies that have invested in this sector are at risk of closure due to legal uncertainty. The government and the judiciary must consider the economic implications when modifying the regulations.
Is Cannabis Legal in Italy?
The sale of cannabis or cannabis oil is regulated by Law 242. Although the cannabis-light sector has prospered, personal and recreational use remains controversial. Cannabis for medical use, on the other hand, is permitted and used in the treatment of various diseases.
The Role of CBD
CBD has become a protagonist in Italy. Its medical benefits, without the psychoactive effects of THC, have led to its inclusion in a variety of products, from foods to cosmetics. However, the ruling does not mention high-content CBD, raising questions about its legality.
Conclusions
Italy faces a complex legal challenge regarding cannabis. The lack of clarity and judicial contradictions affect companies and consumers. The search for a balance between public health and economic growth remains a hot topic.
