Future of "cannabis light" in Italy: State Council refers case to EU Court

The State Council of Italy has suspended its trial on the "cannabis light" case and referred the matter to the European Court of Justice (ECJ). The decision was published on November 12, 2025.

The Sixth Chamber will await the Luxembourg judges' decision on a preliminary question, according to the Quotidianosanità.it portal. The verdict could rewrite Italian rules for the cultivation and commercialization of low-THC Cannabis sativa.

The legal conflict of "cannabis light" between Italy and the EU

At the heart of the dispute is the conflict between national legislation and EU provisions. Italian law continues to prohibit the use of cannabis leaves and inflorescences, even when the active ingredient does not exceed the limits set by the European Union.

This contrasts with EU rules governing the free movement and use of agricultural varieties registered in the Common European Catalog.

The case was brought by a network of companies and associations, including Federcanapa, Canapa Sativa Italia, and several producers. The action is taken against the Ministries of Agriculture, Health, and Environment.

The plaintiffs argue that the Italian prohibition, based on Presidential Decree 309/1990 and Law 242/2016, prevents the legal use of non-narcotic parts of the plant, such as leaves, inflorescences, oil, and resin. According to them, this limitation hinders the development of an agricultural and industrial sector recognized in many other European countries.

The impact of the ECJ decision on the sector

The Italian State Council identified potential incompatibilities between national law and EU law. The analysis focuses on Articles 34 to 38 of the Treaty on the Functioning of the EU and European agricultural legislation.

The ECJ will have to clarify whether Italian legislation violates the principles of free movement of goods and competition. The analysis also includes agricultural directives that allow the cultivation of hemp varieties with THC within established limits.

While awaiting Luxembourg's decision, the State Council has ordered the suspension of the process. This line follows the same approach taken in a parallel case (No. 7267/2023) on the same issues.

The European decision could have disruptive effects. If the Court recognizes the prevalence of EU law, Italy will be obliged to review the regulatory framework that currently equates "cannabis light" with narcotic cannabis.

With information from Quotidianosanità.it