Italian Court Suspends Decree Restricting CBD Sales and Classifies Substance as Medication

The Italian Council of State granted an interim injunction suspending the restrictions on the sale of cannabidiol (CBD) in the country. The decision responds to the appeal filed by the Canapa Sativa Italia association and several companies in the sector. The measure halts the enforcement of a 2024 decree by the Ministry of Health.

The suspension temporarily annuls the ruling of the Regional Administrative Court of Lazio (TAR Lazio). The original text included oral preparations of CBD, derived from cannabis extracts, in the list of medications controlled by Decree 309/1990. The merit hearing for a final decision has been scheduled for May 7, 2026.

Maintaining the CBD Market

The measure has an immediate effect of allowing the market for CBD oils and other oral formulations to continue operating. The court assessed that the immediate application of the restriction could cause irreparable economic and employment damages. Therefore, it requested a more in-depth analysis of the issue.

The suspended decree, published in the Gazzetta Ufficiale, mandated the inclusion of oral CBD compositions in Section B of the drug table. Invoking the precautionary principle, the amendment directed these products exclusively to the pharmacy circuit. This would drastically restrict the retail sale channel of non-psychoactive cannabidiol.

Regulatory Dispute over CBD and Hemp

The litigation is part of a broader dispute over hemp regulation in Italy. Associations denounce that, although the cultivation of certified varieties is authorized, there is an attempt to restrict the uses of the plant only to fiber and seed. This leaves flowers, leaves, and CBD-rich derivatives in a legal gray area.

In 2025, the "security decree" added Article 18 to prohibit the inflorescence chain. This specific point is currently being debated before the Constitutional Court, following a legal issue raised in the city of Brindisi.

With information from Cáñhamo