Industrial Hemp in Italy: Ban Reaches the Constitutional Court

The dispute over industrial hemp inflorescences has reached the Italian Constitutional Court. The Court will decide whether the prohibition provided for in the Security Decree, which prevents the import, trade, transport, and consumption of flowers, is constitutional. The analysis was requested after a judge in Brindisi raised doubts about the legitimacy of the measure.

In recent months, producers and traders have faced seizures and arrests, but most cases have ended with releases after tests confirmed legal levels of THC. Judges have reiterated that charges do not hold without scientific analysis indicating a crime.

The process that prompted the questioning involves hemp plants imported from Bulgaria and detained by the Customs Agency. According to lawyer Lorenzo Simonetti, the decision opens up space to contain arbitrary actions until the Court pronounces, as reported by the Italian portal L’indipendente.

The discussion comes at the same time as the new Highway Code states that consuming hemp flowers would be equivalent to driving under the influence of drugs. Meanwhile, the European Parliament has approved regulations that recognize all parts of the plant, including flowers, as legal up to 0.5% THC, with possible implementation in 2026.

While awaiting definitions, the Italian government has proposed a state monopoly on cannabis inflorescences, with a 40% tax and a ban on online sales, a strategy that is already preparing for the taxation of a market that was previously seeking to restrict.

With information from L’indipendente.