Is Weed Legal in Italy?
Is Weed Legal in Italy?
Let’s dive into the captivating world of cannabis in Italy as of September 2023, where legality intertwines with restrictions and historical nuances. Let answer the question Is Weed Legal in Italy?
Italy: Where Tradition Meets Cannabis
In Italy, cannabis enjoys legality but with constraints, primarily limited to medicinal and industrial applications. The nation boasts a rich history intertwined with cannabis, with distinct cannabis shops gracing the urban landscapes of Italian cities. While “Canapa” is the Italian term for cannabis, it often refers to low-THC variants.
Exploring Italy: Where Beauty and History Converge
Italy, an enchanting European gem, graces the Mediterranean coast. Known for housing the Vatican and revered novelist Shakespeare’s heritage, Italy’s capital, Rome, stands as a testament to magnificent architecture amid its sprawling metropolis.
Medical Cannabis: A Journey of Healing and Regulation
Medical cannabis found its place in Italy in 2007. Patients seeking its benefits must obtain a prescription from a medical professional, accompanied by a form approved by the Ministry of Health. Medical cannabis can be cultivated locally and processed for therapeutic use. Physicians also have the option to import medical cannabis for patients, contingent on the patient’s specific medical requirements. The physician must initiate a request for importation, directed to both the Ministry of Health and the customs office. Furthermore, mild cannabis preparations prescribed by specialized pharmacies can be either imported or locally prepared at the Stabilimento Chimico Farmaceutico Militare in Florence. To partake in medicinal cannabis cultivation, authorization from the Ministry of Health is mandatory.
The cultivation, sale, and importation of medical cannabis in Italy are regulated by specific guidelines. Engaging in these activities necessitates obtaining authorization from the Ministry of Health. Personal authorization is not transferable or salable. Only institutions or companies with reputable owners or legal representatives, known for their ethical and professional conduct, are eligible for such authorization.
In September 2021, the Ministry of Health clarified the regulations governing the cultivation of Cannabis Sativa L. using certified seeds, allowed under European law. The objective is to supply authorized pharmaceutical companies with active pharmaceutical ingredients (API). Growers seeking authorization must establish agreements to exclusively supply leaves and inflorescences to authorized pharmaceutical companies. This crucial agreement, a prerequisite for authorization, must be finalized before submitting cultivation and manufacturing applications.
Importing, exporting, purchasing, receiving, or possessing medicines containing narcotic or psychotropic substances without authorization, and exceeding prescribed quantities, results in severe penalties. Offenders may face imprisonment ranging from six to twenty years, accompanied by fines ranging from EUR 26,000 to EUR 260,000. Specific circumstances may lead to penalties being reduced by one-third to one-half.
Decriminalization: A Compassionate Approach
In 2016, Italy embraced decriminalization, making possession and use of small cannabis quantities a non-criminal activity. A 2014 law established a clear distinction between drug trafficking and personal drug use. Individuals found with small quantities of cannabis for personal consumption face administrative sanctions, not criminal charges. These sanctions typically involve fines, suspension of documents (e.g., passports or driver’s licenses), and mandatory community service. The specific thresholds for personal use quantities may vary by region within Italy. Possession of larger amounts or distribution can lead to fines of up to 75,000 euros or imprisonment lasting 2 to 6 years.
Recreational Cannabis: A Dream Deferred
Despite Italy’s progressive approach to medicinal cannabis, recreational use remains illegal. Some companies have ventured into promoting products with low THC levels, complying with industrial cannabis regulations. Essentially, within Italy’s market, what’s colloquially referred to as “recreational cannabis” equates to “cannabis intended for industrial purposes.” However, it’s crucial to note that it’s not intended for smoking and is sold with disclaimers stating “product not for human use” and “do not smoke.”
Hemp: A Thriving Industry
Hemp thrives in Italy, permitted as long as THC content remains below 0.2%. According to law no. 242 of 2016, even if total THC content exceeds 0.2% but stays below 0.6% due to authority inspection, legal liability is not imposed on growers.
Industrial cannabis finds applications across diverse fields, including food and cosmetics production, semi-finished products like fibers, powders, oils, or fuels, organic materials for bioengineering or eco-friendly construction projects, phytodepuration materials for remediating polluted sites, and cultivation for educational, demonstrational, and research purposes by public or private institutions. As of September 2021, the Ministry of Health clarified that authorized industrial cannabis cultivation can supply pharmaceutical companies approved by the Italian Medicines Agency (AIFA) for manufacturing active pharmaceutical ingredients (API).
Currently, the law imposes only one penalty related to industrial cannabis: the seizure or destruction of crops if the THC content exceeds 0.6% during cultivation. For marketing industrial cannabis, specific sanctions are not defined; it falls under general product safety and consumer protection legislation.
However, it’s essential to highlight that growing cannabis without authorization, not meeting the criteria for “industrial cannabis,” can lead to severe penalties. Offenders may face imprisonment ranging from six to twenty years and fines ranging from EUR 26,000 to EUR 260,000.
CBD: A Legal Presence
Hemp-derived CBD enjoys legal status in Italy. The Ministry of Health has clarified that when CBD is used for medicinal product production, it is not classified as a narcotic or psychotropic substance. Thus, the legislation applicable to medicinal products containing psychotropic substances, such as THC, does not extend to CBD.
Regarding CBD’s use in food and food supplements, it’s classified as a novel food. Consequently, it necessitates specific authorization from the European Commission in line with EU Regulation 2015/2283. As a result, CBD cannot be considered an approved ingredient for use in food supplements within Italy at present.
However, Italian regulations do not restrict CBD’s use as an ingredient in cosmetics. Cosmetics containing CBD can be legally sold in Italy, provided they adhere to the requirements outlined
in Regulation (EC) No 1223/2009 on cosmetic products. Notably, the cosmetic product must not contain narcotics listed in Table I and II of the UN Single Convention on narcotic drugs (1961).
Traveling with CBD to Rome: Yes, You Can!
Travelers can freely move in and out of Rome with CBD products as long as they contain no more than 0.2% THC and can fit into hand luggage. Within the EU, CBD can be transported without restrictions, but moving it outside the EU requires special permission.
Cannabis Shops in Italy: Flourishing Markets
Since the legalization of hemp in Italy in 2016, numerous “light” cannabis shops have blossomed in Rome and neighboring cities. The Cannabis Light Law 242/16 eliminated the need for authorization to cultivate certified cannabis with THC levels below 0.2%. It’s estimated that approximately 1,300 shops, equipped with vending machines and delivery services, offer hemp inflorescences and leaves.
The Road Ahead: Hope for Legalization
In early 2022, hopes were high for Italy’s potential legalization of recreational cannabis. However, these hopes were dashed when Italy’s Supreme Court rejected a referendum petition for cannabis legalization. Italian pollster Sondaggi Bidimedia had predicted that 57% of Italian voters would support the proposal, positioning Italy to become Europe’s most cannabis-liberal country. Although the apex court denied the proposal, Italy’s proximity to achieving such legalization suggests that it may only be a matter of time before a nationwide referendum paves the way for full legalization. Stay tuned for further developments in Italy’s cannabis journey.
