In a series of judicial decisions, Italian courts have overturned the security decree issued by Giorgia Meloni's government, which classified light cannabis flowers as narcotics, regardless of THC content, according to the Italian newspaper Domani.

Through Law 80/2025, the government attempted to ban the production, sale, and possession of light cannabis, treating it as an illicit drug under the argument of strengthening control and public safety.

Scientific evidence, European law, and precedents

The Trento Court, in one of the most recent decisions, declared the widespread ban on light cannabis with THC content below 0.3% illegal. According to the court, based on current scientific evidence, these products do not pose risks that justify an absolute ban.

In previous judgments, courts in Brescia and Bari also acquitted producers and traders, recognizing that low-THC light cannabis does not fall under narcotic substances.

The legal challenges have relied on European law, which allows for the commercial use of hemp with low THC levels. European Union regulations, therefore, directly conflict with the Italian decree.

Social and economic consequences

The effects of the decisions are already being felt in the productive sector. Companies that had halted operations or closed activities out of fear of sanctions are gradually resuming operations. Farmers, small entrepreneurs, and workers affected by the measure are demanding redress and legal security.

The financial impact is significant: agro-industrial, cosmetic, food, beauty, and export sectors have recorded significant losses during the validity of the regulation.

Criticism of the decree

The judgments not only question the content of the law but also the process of its approval. Violations of constitutional principles of proportionality, normative clarity, and legal security were pointed out, as well as disregard for European Union rules.

Another critical point is that the government did not adequately notify the European Commission about Article 18 of the decree, as required by community standards, a flaw that weakens its legal validity.

What's next: possible paths

Facing pressure from the sector and recent judicial decisions, some developments are expected:
 

• The Italian Constitutional Court may be called upon to assess possible violations of the Constitution;
• Local courts continue to suspend restrictive measures in various regions of the country;
• The European Union may initiate infringement proceedings if Italy maintains norms incompatible with European law.

With information from Domani.