Light cannabis in Italy continues to proceed with decrees, appeals and suspensions. The latest chapter comes from the Council of State, which accepted as a precaution the appeal of some industrial hemp companies, suspending the ruling of the Lazio Regional Administrative Court which had confirmed the decree of the Ministry of Health, effectively making the sale of products containing cannabidiol (CBD) outside pharmacies and without a medical prescription illegal.
A decision which, at least for now, allows companies to continue working, but postponing the central issue to the judgment on the merits, set for 7 May 2026. In the meantime, the sector remains trapped in fragmented and contradictory legislation, which generates uncertainty not only for economic operators, but also for citizens, consumers and law enforcement.
We remind you that CBD is one of the main compounds of cannabis, devoid of psychotropic effects, unlike THC, responsible for the narcotic effect. Precisely this difference has allowed the spread of oils and other cannabidiol-based products over the years, used for their relaxing and soothing properties. A distinction which, however, according to many companies and sector associations, has been progressively obscured by the government’s regulatory approach, which has assimilated CBD to narcotic substances by appealing to the precautionary principle.
From the Security decree to the new stop by the Council of State
The most critical phase for the light cannabis sector begins with the approval of the Security decree, which introduces a much broader and more drastic ban than the previous ones. The provision in fact prohibits the processing, distribution, trade and sale of hemp inflorescences and products derived from them, including extracts, oils and resins. A squeeze that effectively eliminates the entire supply chain, regardless of the THC content and the distinction between psychotropic and non-psychotropic substances.
At the same time, the decree of the Ministry of Health remains in force which includes oral compositions based on cannabidiol (CBD) in the table of narcotic medicines, limiting their sale only to pharmacies and only upon medical prescription.
After an initial phase of suspensions, the Lazio Regional Administrative Court deemed the ministerial decree legitimate, paving the way for its full application. A decision that has reignited the judicial conflict and pushed companies and associations in the sector to turn to the Council of State, denouncing the risk of an economic and employment collapse.
With the precautionary order of December, the Council of State has now temporarily reversed the situation. The judges recognized the risk of serious economic and employment damage for companies in the industrial hemp supply chain and deemed it necessary to carry out a more in-depth examination of the legal issues raised, including those of constitutional and European law.
In other words: stopping everything immediately would have had difficult reversible consequences for a sector that involves thousands of workers and hundreds of companies.
The paradox of the Security decree
The suspension of the CBD decree, however, does not clarify the picture at all. In fact, the so-called Security Decree remains in force, which prohibits the cultivation, processing and sale of hemp inflorescences and their derivatives. A provision so broad as to make, in fact, much of the activity linked to cannabis light illegal.
The result is a paradoxical situation: on the one hand the judges allow the sale of CBD to avoid the collapse of the sector, on the other a general rule continues to prohibit it. A regulatory short circuit which in recent months has led to uneven applications of the law, with seizures, investigations and interpretations differing from territory to territory.
In the meantime, the appeals are multiplying and justice times are getting longer. So much so that the Council of State itself decided to turn to the Court of Justice of the European Union, asking it to clarify whether the Italian rules are compatible with the European principles of free movement of goods and competition.
A response that could have disruptive effects not only on the Security Decree, but on the entire Italian regulatory system regarding industrial hemp.
Until the ruling, the light cannabis sector remains suspended in legal limbo. Companies can continue to operate, but at their own risk, without certainty about the future. A picture that, once again, shows how Italy struggles to distinguish between narcotic substances, therapeutic use, sustainable agricultural supply chains and economic rights.
And while the rest of Europe moves forward, here we continue to proceed with stop and go.
