Italy's hemp flower ban heads to EU Court of Justice as State Council raises doubts
The long-running legal uncertainty around Italy's hemp sector has taken a new turn. The State Council has referred the national ban on hemp flowers to the European Court of Justice (ECJ), questioning its compatibility with EU law.
The move follows a 2023 decision by the Lazio Regional Administrative Court (TAR), which annulled parts of the ministerial decree restricting the use of hemp flowers and leaves. The Council of State has now confirmed the issue deserves a European ruling, suggesting that Italy's restrictions may infringe on principles of free movement and proportionality under EU law.
According to the order, the European Court will be asked to clarify whether member states can restrict cultivation, processing, and sale of hemp flowers and derivatives from certified varieties within the EU's THC limits.
© Azienda Agricola Vamperti
"The State Council has captured the inconsistencies that have plagued the hemp debate for years," said lawyer Giacomo Bulleri, who followed the case. "The Court's decision will likely have effect across the EU and serve as a milestone toward harmonizing the sector."
Giacomo added that the judgment will likely lead to the suspension of ongoing enforcement actions in Italy while the European Court deliberates. "The question goes beyond industrial hemp. It's about the compatibility of national bans with EU law. We expect this to freeze many pending cases and clarify, once and for all, that hemp with negligible THC content is not a drug."
Francesco Mirizzi, Managing Director of the European Industrial Hemp Association (EIHA), welcomed the news but wasn't overly excited. "I'm not surprised," he said. "After six years working in the association, I've been repeating that industrial hemp does not fall under international drug trafficking conventions. Of course, I'm pleased, but once again we have to wait for the courts to solve what politics fails to address. The sector has paid the price in legal fees, seized products, and uncertainty. The ECJ ruling will impact all member states, as its interpretation applies across the Union."
Francesco also pointed out that discussions are ongoing within the Common Agricultural Policy framework to clarify hemp's legal position at the EU level. "The question is whether policymakers will act before the Court does. Too often, political calculations come before truth and the interests of operators," he said.
