Illegal Cannabis Light 2025: New Security Decree

Hemp security decree: appeal triggered

The appeal by Italian companies in the hemp sector was filed with the Florence Court of Appeal by attorneys Giacomo Bulleri and Giuseppe Libutti, on behalf of the trade associations Canapa Sativa Italia and Imprenditori Canapa Italia. The subject of the challenge is Article 18 of the Hemp Security Decree 2025, which is accused of being contrary to EU law due to the failure to notify the European Commission in advance, as required by Directive (EU) 2015/1535.

An official communication from the European Commission, dated April 11, 2025 and addressed to Raffaele Desiante, president of ICI, confirmed that failure to notify makes the national rule potentially unenforceable under Articles 5 and 6 of that directive. It reads:

“In the case of failure to notify a technical rule and the adoption of a technical rule in violation of the requirements, private parties can directly invoke Articles 5 and 6 before the national court, which will have to refuse to apply the rule.

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This thus opens the way for the real possibility that Article 18 will be declared legally null and void, similar to previous regulations-such as the Cultured Meat Law-that have been invalidated for the same reason.

DDL security hemp: Mattarella signs.

OnApril 11, 2025, President of the Republic Sergio Mattarella signed the decree approved a few days earlier by the Council of Ministers on April 4. The text now has 60 days to be converted into law, according to Article 77 of the Constitution. Without parliamentary conversion, the decree would lapse, but in the meantime it is already in effect, with devastating effects on the industrial hemp sector.

Hemp security DDL: April 4, 2025

The Council of Ministers hastily approved without discussion a decree substantially amending Law 242/2016, which until now protected the production and industrial use of hemp.

With the introduction of Article 18, they are banned:

• Import
• Sale
• Transformation
• Distribution
• Shipping
• Delivery

of cannabis inflorescences, regardless of the percentage of THC contained. It also specifies that inflorescences can only be tolerated if they are intended for seed production, and only if that purpose is “substantiated” by contractual documentation.

The practical effect? About 3,000 Italian companies in the legal hemp supply chain-including 1,600 farmers, 800 retailers, and 700 processors-are facing immediate closure, with more than 40,000 jobs at risk.

The inconsistencies of Article 18 of Decree Law 2025

1. No distinction between cannabinoids

The decree does not distinguish between inflorescences that are rich in THC, a psychoactive substance and regulated by the Narcotics Act, and those that contain CBD or CBG, which are known to have no drugging effects.

2. Irrational distinction based on seeds

The botanical distinction that an inflorescence with seeds is permissible, and one without is not, is scientifically groundless.

3. No transitional rules

Companies that were operating in compliance with Law 242/2016 now suddenly find themselves out of compliance, with no guidance on how to dispose of products or manage inventory.

A possible interpretation: the drugging effect as a discriminant

Law 309/1990 punishes only substances with drugging effects. Companies could continue to operate if they prove through certified analysis that their products have no psychoactive effects.

DDL hemp security: september 2024

The origin of the current decree dates back to 2024, when the Meloni government introduced an amendment to the Security DDL to ban light cannabis. Despite the suspension by the TAR, the legislative path continued.

What does the new Cannabis light law provide for and what are the consequences?

• Stop all inflorescence, even low-THC inflorescence
• Industrial sectors affected (food, cosmetics, textiles, construction)
• Risk of closure for the entire Italian supply chain

Illegal hemp: European Commission investigates

On March 17, 2025, the PETI Commission opened an investigation, at the request of Canapa Sativa Italia, into whether the decree violates Articles 34 and 36 of the TFEU on the free movement of goods.

Illegal cannabis light: the ruling of the European Court

On October 4, 2024, in Case C-793/22, the Court of Justice of the European Union ruled that industrial inflorescences with THC cannot be banned < 0.2%, unless scientific proof of dangerousness. No evidence has been provided by the Italian government.

Read the official ruling on EUR-LEX

What does Italian law say about cannabis?

Law 242/2016 allows the cultivation of hemp for:

• Industrial use (cosmetic, food, textile, construction)
• Certified varieties with THC below 0.2%

Every ministerial attempt to classify CBD as a narcotic has been blocked by the Lazio Regional Administrative Court.

What to expect from the Hemp Security DDL?

• 3,000 companies at risk
• 40,000 jobs at risk
• Lost investment and foreign import boom
• Potential EU sanctions for violation of EU law

Conclusion

The Hemp Security Decree 2025 threatens to undermine a thriving and sustainable supply chain. But European legislation, legal challenges and action by trade associations still represent real hope. It is crucial to stay informed, active and united to protect the rights of businesses and consumers.