Italian Justice Questions Constitutionality of Hemp Flower Ban

For the first time since its implementation, the validity of Article 18 of Decree-Law 48/2025 will be reviewed by the Italian Constitutional Court. The legislation imposes severe restrictions on the sector, including the ban on the trade of hemp flowers in the country.

The unprecedented decision came from a Judge of Preliminary Investigations (GIP) in Brindisi. The magistrate chose to suspend a criminal process involving the importation of inflorescences and refer the issue to the higher instance for evaluation.

The case originated after the seizure and order for destruction of a shipment of plant material intended for an Italian company. The authorities justified that the merchandise violated the new security provisions in force.

The defense appealed, arguing that the total prohibition of hemp flowers — even those without psychotropic efficacy — violates constitutional and community principles. By accepting the request, the judge acknowledged the need to clarify the legitimacy of the norm before any judgment.

The measure questions the "heart" of the decree. Currently, the text criminally prohibits the import, trade, and sale of products consisting of inflorescences, except for seed production.

Pillars of Unconstitutionality in the Hemp Sector

The Brindisi court's order points to the "non-manifest infundatez" of three main profiles of unconstitutionality. These points justify the review of the law that restricts hemp flowers:

Formal Defect (Art. 77 of the Constitution): The judge questions the use of a decree-law to legislate on the subject, pointing out the lack of adequate motivation on "need and urgency." Additionally, it highlights the heterogeneity of the measure, as the ban was inserted in an "omnibus" public security package, mixing distinct themes.

Substantial Defect and Principle of Offensiveness: The legislation turns into a crime behaviors related to industrial hemp based on a "presumption," without verifying if there is real drug efficacy. Italian case law had already clarified that, without psychotropic effect, punishing the conduct is not constitutionally admissible.

Conflict with European Law: The national prohibition may be in conflict with the Treaty on the Functioning of the European Union (TFEU), which guarantees the free movement of goods. Industrial hemp is recognized as a legitimate agricultural crop in the European bloc.

Legal Repercussions on Hemp Flowers

The decision is seen as a technical milestone in sector defense. It shifts the debate from ideological issues to the field of law and science.

Lorenzo Simonetti, the lawyer responsible for the defense strategy, highlighted the importance of returning the discussion to constitutional legality. For him, the measure halts the recent government repression.

"The issue of constitutional legitimacy puts a brake on the recent criminally relevant prohibition imposed by the Italian Government. Now the goal is to have other judges of merit and legitimacy recognize how the criminally relevant prohibition is unconstitutional," said Simonetti.

In parallel to this process, the Italian Council of State had already referred questions about the tables and the ban on hemp flowers to the Court of Justice of the European Union. This creates a scenario of "double control" — constitutional and supranational — over Italian legislation.

Sector associations, including Canapa Sativa Italia (CSI), Sardinia Cannabis, Imprenditori Canapa Italia (ICI), and Resilienza Italia Onlus, jointly expressed their views. The entities request an operational moratorium on seizures while the judgment is pending.

The group advocates for the creation of an interministerial technical working group. The goal is to define clear traceability and labeling parameters for hemp flowers, instead of generic prohibitions.

With information from Imprenditori Canapa Italia