The Italian government has reportedly "forgotten" to notify the EU about Article 18 of the recent Security Bill, which bans hemp flowers. This may give Italian judges leeway to waive the ban. Industry associations had already initiated various court procedures to challenge Article 18, and this recent news may offer more hope to a distressed sector. However, nothing has truly changed, and likely won't for quite some time.
"Until something is certain, we don't trust it"
Rachele Invernizzi, vice president of Federcanapa, and EHIA board member, expresses deep skepticism. "Until we have something concrete, we're not trusting anything. Right now, we're monitoring the situation, but there's nothing certain.
Invernizzi points out that the decree is not only unconstitutional but also incompatible with European Union law. "The legal team and constitutional experts are saying the entire draft law is unconstitutional. Article 18 alone directly violates EU law."
Despite hopes within the industry that the law might be overturned or diluted, Invernizzi is cautious: "Many are hoping this isn't real, but the truth is we're blocked. We're in the exact same position we were when we pointed out that Article 18 conflicts with European regulations. It all remains to be seen." She points out that the fact the Italian government hasn't notified the European Commission doesn't change the state of things, and legal battles are on the verge of erupting.
© Azienda Agricola Vamperti
A legal time bomb for the supply chain
Lawyer Giacomo Bulleri underscores the sweeping legal implications. "From a legal perspective, this decree radically impacts the entire supply chain. It essentially bans the use of cannabis inflorescences for any purpose, which creates immediate problems not just for processors, but also for farmers - who now find themselves cultivating a flowering plant that becomes illegal after harvest."
According to Bulleri, the decree goes far beyond its alleged goal of targeting consumption through cannabis shops. "If that was the intent, the government has gone about it in the worst possible way. The formulation blocks an entire industrial supply chain that has nothing to do with small CBD sachets sold in shops. It also makes it impossible to produce extract-based products for export - which make up 99% of the market."
Even sectors like bio-construction are hit: "Until now, the whole plant could be shredded and sold as semi-processed biomass. That too becomes effectively illegal. The impact is radical, no matter what the anti-drug department claims."
Bulleri is currently managing legal appeals on behalf of industry associations. One core argument is the lack of required notification to the European Commission - a procedural lapse that could justify legal disapplication of the decree. "Failure to notify the EU creates the basis for disapplication - not automatically, but if ruled by a competent court. The decree also clashes with EU law because hemp is classified as an agricultural product with its own common market organization. A rule like this distorts the European market and undercuts the competitiveness of Italian hemp."
Bulleri adds: "It's paradoxical that Europe continues to provide agricultural subsidies for hemp while Italy introduces rules that make its cultivation pointless." So far, no court has declared the law unconstitutional, but the first hearings are approaching. "The first case will be heard in Florence. Other legal challenges will follow. We're waiting on the first rulings, which should arrive within a month."
A sector on standby
The sense of paralysis is shared by many in the industry, including Fabio De Santis, founder of the CBD distribution company Sacrapianta. For him, the situation has had devastating consequences: "The news that the government failed to notify to the EU Commission gave me a bit of hope. But I have no certainties. Under this government, anything can happen. For now, I'm just waiting for good news, hoping to reopen shop soon. The effects on our business have been catastrophic. Our warehouse is full of unsellable goods, and all the young men and women who worked with us are now at home."
"Don't undersell - hold the line"
Producer Teodoro Carbone from Azienda Agricola Vamperti confirms that, technically, nothing has changed yet. "I'm continuing to produce. In fact, on the very days when the President of the Republic signed the decree, I had a police inspection. But since everything was compliant, nothing was seized."
Carbone notes that customer demand has remained stable - and in some cases, even increased. However, while the industry continues operating, the climate is one of uncertainty. "There's this looming fear that something might change suddenly. "
Carbone accuses the government of both bad faith and ideological motivation. "They've done everything wrong. They never even sent the decree to the EU, pretending it didn't exist. And it's part of a broader legislative package that's riddled with constitutional violations. I doubt it will hold up long-term, but we'll be stuck in this situation for a while."
He sees the decree as part of a long-term strategy to drain the industry's economic vitality. "It's an attempt to cripple the supply chain gradually, making it less attractive and easier to shut down in the future. It's an ideological war against us growers, attacking the industry first so they can eventually go after cultivation."
Carbone urges producers not to panic and sell off inventory at low prices. "We can't afford to devalue the market. If anything, raise prices and prepare for the legal battles ahead. There's a window of time now, where Italian and European courts can intervene. But if this drags on too long, it could weaken our ability to defend ourselves."
Despite the aggressive posture from the government, Carbone remains defiant. "This is our chance to push back and lay a stronger economic foundation so we can withstand the final legal showdown. It's time to raise the stakes and hit where it hurts."