For those who sell and grow light cannabis in Italy now comes trouble

The recent security decree-law approved by the government of Giorgia Meloni has introduced a ban on the sale, cultivation, and even transportation of so-called light cannabis, effectively making an entire productive sector illegal. This type of cannabis is characterized by a very low THC content – the psychoactive substance responsible for the intoxicating effects of marijuana – and a higher concentration of CBD, an active ingredient known for its relaxing but non-psychoactive effects. The new measure is creating serious difficulties for a sector that, until now, operated within a framework of relative legality thanks to the 2016 law. This legislation allowed the cultivation of cannabis without the need for authorizations, as long as it was intended for industrial use: from food production to cosmetics, among other uses. The law did not mention recreational consumption, which had left room for a more flexible interpretation, allowing hundreds of businesses to cultivate and sell light cannabis without incurring sanctions.

With the new decree, instead, the government has chosen to significantly narrow the interpretation of the 2016 law, filling what was considered a legal loophole. The declared intent is to prevent light cannabis, even with low THC content, from being marketed. However, numerous rulings by the Italian judiciary over the years have established that these products do not fall under the category of narcotic substances, precisely due to their chemical composition. In the meantime, a real supply chain related to light cannabis had developed in Italy, consisting of over 3,000 companies employing around 15,000 workers annually, both permanent and seasonal. The turnover of the sector is around 500 million euros annually, with a significant portion – about 90% of revenue – coming from exports abroad, where the regulations are often more permissive.

What’s wrong with the measure against light cannabis

The new decree has been judged by many as anomalous even from a procedural point of view. Normally, when a product is made illegal, a transitional period is provided to allow for the disposal or, if necessary, destruction of stocks. In this case, however, the ban came into effect immediately, with no time margin, exposing to the risk of complaints and seizures all those who had legal stocks until the previous day. To avoid consequences, many producers decided to suspend their activities or temporarily close their stores. According to experts, the measure is based on a distorted conception of light cannabis, which in this case is considered a narcotic substance, contrary to what both science and jurisprudence have established. This choice – deemed instrumental and harmful – however risks completely wiping out an entire production sector, with serious economic and employment consequences.

Another critical element lies in the form of the provision: the decision to include the ban within a decree-law allowed for accelerated approval, reducing the possibility for Parliament to discuss or substantially amend it. This method has raised concerns even among groups usually aligned with the government, such as the Coldiretti association, which publicly expressed its dissent towards the decree. Finally, according to many entrepreneurs in the sector, the effectiveness of the ban is highly debatable. Since the amendment does not prohibit the purchase of CBD-based products from abroad, Italian consumers can simply turn to foreign suppliers to continue obtaining the same products – a practice allowed under EU regulations. Moreover, part of the domestic demand – that which cannot be satisfied by the legal foreign market – may end up feeding the illegal market, further aggravating the situation.