In the space of a few months, from Trento to Palermo, from Belluno to Turin, Italian justice has sent a clear message: growing and selling light cannabis remains legal. A series of sentences and ordinances are progressively making Article 18 of the so-called security decree (later converted into law 80/2025), which had attempted to equate industrial hemp to narcotics, of its effectiveness.
The safety decree, wanted by ministers Piantedosi and Lollobrigida, had introduced a general ban on the production and marketing of hemp inflorescences, even when the THC content was below the legal limits (0.2%, tolerated up to 0.6%). A measure that had thrown an entire agricultural and commercial sector into chaos, putting thousands of companies and jobs at risk.
The trade associations – Canapa Sativa Italia and Entrepreneurs Canapa Italia – had immediately denounced the illegitimacy of the rule, considering it to be in conflict with European law and with the rulings of the Supreme Court themselves.
With an order filed on 5 September 2025, the Court of Trento had effectively laid the foundations for a “turning point”. While rejecting a formal appeal against the decree, Judge Enrica Poli clarified that the cultivation and sale of hemp with low THC content remains legitimate, as long as it has no drugging effect.
The decision recalled the principles established by the United Sections of the Supreme Court in 2019, according to which the sale of light cannabis does not constitute a crime if the substance does not produce psychotropic effects. Furthermore, the judge had underlined the need to respect the principles of European law, which prohibit arbitrary restrictions not justified by public health reasons.
Three new sentences in 48 hours: Palermo, Belluno and Turin
In mid-October, confirmation came from three different judicial offices within 48 hours. Between 12 and 14 October, Palermo, Belluno and Turin filed ordinances that deny the repressive system of the Meloni government.
In Belluno, the Prosecutor’s Office ordered the immediate release of an agricultural entrepreneur arrested for the cultivation of light cannabis. The investigating judge did not validate the precautionary measures requested, deeming it necessary to proceed with technical-scientific investigations before being able to assess the existence of a crime.
The provision underlines that the mere presence of hemp inflorescences cannot be considered a determining factor, in the absence of analyzes demonstrating effective doping efficacy:
The need for scientific checks is highlighted – we read – as the mere weight data cannot be considered decisive.
From this perspective, neither the quantity nor the simple botanical presence justify seizures or restrictive measures if the real astonishing capacity of the product is not demonstrated.
In Turin, the GIP fully dismissed a criminal proceeding for the sale of industrial hemp, accepting the request of the Prosecutor’s Office and declaring that «the fact does not exist». In the provision, the public prosecutor specified that, although the presence of THC had emerged, no percentage was indicated, and therefore the lawfulness of the conduct could not be ruled out. In the request for dismissal, the public prosecutor clarified that the sale of cannabis sativa can be considered legal when the THC content remains within the threshold of 0.6%.
Finally, in Palermo, a judge annulled the seizure of industrial hemp from an agricultural company, reiterating that there is no evidence of the product’s drugging efficacy.
All three courts referred to report no. 33/2025 of the Office of the Supreme Court of Cassation, according to which article 18 of law 80/2025 does not introduce a new prohibition, but has only a “reconnaissance” value of the already existing regulatory framework.
In other words, the law cannot be interpreted in a repressive way, but must respect the Constitution and European law.
The distinction between legal and illegal thus becomes scientific and technical: a laboratory analysis is needed to certify a THC content beyond the established limits in order to be able to speak of a crime. The rapid tests used in the field by law enforcement have been deemed unreliable because they generally detect the presence of cannabinoids, even in legal products.
The judges therefore ask for a rigorous procedure: representative sampling, double sample for counter-analysis, traceability of samples and analysis in accredited laboratories. Only in this way is it possible to guarantee a serious and respectful verification of the rights of citizens and businesses.
A legitimate and growing supply chain
The Italian industrial hemp sector is anything but marginal: we are talking about an expanding agricultural and para-industrial supply chain, with thousands of employees and strong export potential. Blocking the sale of inflorescences would mean canceling years of investments, without any concrete benefit for public safety.
According to Mattia Cusani, president of Canapa Sativa Italia:
The courts are recognizing that Law 80 is only a recognition of the existing legislation and the United Sections of 2019. What was legal remains legal, what was illegal remains illegal.
And then he concludes:
The security decree, once again, falters under the weight of facts and sentences
Sources: Canapa Sativa Italia / Spazio Canapa
