With an order filed on September 5, the Trento court reiterated that those who cultivate and sell hemp in low THC can continue to do so. Judge Enrica Poli rejected the appeal presented by two associations of producers against article 18 of the Security Decree, but in motivating the decision, it specified that cultivation and marketing remain legitimate, provided that THC does not exceed 0.6% and there is no drug efficacy.
The Security Decree and the controversies
The so -called “security decree” (then converted into law 80/2025) had introduced an explicit prohibition of production and sale of hemp inflorescences, even when with THC below the limits already established. A measure that had triggered the alarm in the supply chain: thousands of small producers and shops would have risked criminal sanctions while operating in a market that was considered legal to that moment.
The Hemp Sativa Italy associations and Italian Canapa entrepreneurs had therefore asked for the disappointment of the rule, considering it in contrast with the jurisprudence and with European law.
Because the appeal was rejected
The Court did not accept the appeal not for a matter of merit, but because the recurring companies had not been affected by any concrete measure (such as kidnappings or penalties). The judge recalled that an “abstract” rule cannot be suspended: the dispute can only be evaluated in the presence of specific cases.
However, in motivating the decision, the judge recalled the principles set already by the United Sections of the Cassation in 2019: the sale of Cannabis Light is not a crime if the substance does not produce psychotropic effects.
European law
A central point also concerns European law: it is not possible to prohibit some parts of the plant (such as inflorescences) leaving others (seeds and fibers), without a justification based on public health reasons. Furthermore, according to current scientific data, cannabis consumption with THC less than 0.3% does not involve health risks.
The restrictive measure provided for by the Security Decree, therefore, would not be proportionate or consistent with the Community rules.
The precedents in Italy
The theme of Cannabis Light in Italy has a long history of uncertainties and controversy. Since 2016, with the industrial hemp law, the cultivation and marketing of certified varieties with THC less than 0.2% (tolerated up to 0.6%) have been recognized as legal.
Then, in 2019 the United Sections of the Cassation had established that the sale of the inflorescences and derivatives to the public does not constitute a crime if without drug efficacy. A decision that seemed to have put a fixed point, but that has been repeatedly questioned by regulatory interventions.
The trade associations have now accepted the new ordinance of Trento as an encouraging turning point. In a note, hemp Sativa Italia commented:
For the Italian hemp sector it is a positive signal: it is therefore confirmed that nothing has changed compared to the regulatory framework in force for years.
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Sources: Ordinary Court of Trento Civil Section / Hemp Sativa Italia
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