Victory for Cannabis Light: the Lazio TAR suspends the controversial decree
In a significant twist, the Lazio Regional Administrative Court has suspended a controversial decree from the Meloni government since last September. This ministerial decree of August 7th equated CBD products for oral use to narcotic substances, causing confusion and inconvenience in the sector and among traders. The court's decision, which came as a relief to many, is based on the absence of scientific advice to support the government's position.
Background
Last August 21, the Meloni government issued a ministerial decree , signed by the Minister of Health, Orazio Schillaci, which classified "compositions for oral use" based on cannabidiol extracted from cannabis as narcotic or psychotropic substances. This move effectively limited the sale of these products to pharmacies, inserting CBD-based oral compounds into the medicine table, requiring a medical prescription for purchase, implying that CBD could constitute a narcotic.
The ministerial decree that included cannabidiol among the narcotic substances came into force on September 22, leading to widespread seizures of CBD-based products throughout Italy. This decision was met with resistance and legal challenges from various industry stakeholders.
The Court's ruling
Following seizures, complaints and appeals from traders, the Regional Administrative Court of Lazio intervened to evaluate the situation . After careful consideration, the court granted the annulment of the decree, providing much-needed relief to the industry players. This decision came in response to a request made by the ICI - Entrepreneurs Canapa Italia association and supported by the law firm Prestige Legal & Advisory.
Raffaele Desiante, president of ICI, expressed satisfaction with the Court's ruling, calling it " the best that could have been obtained ". He underlined the absurdity of the previous situation, in which, in addition to the sale of the products, possession and disposal were also prohibited. Desiante stressed that these products do not, in fact, have any psychotropic effects .
The court's decision was supported by the absence of scientific advice to support the government's classification of soft cannabis as a narcotic substance. In particular, he underlined that community jurisprudence had excluded such classification for CBD (cannabidiol), the chemical substance present in the cannabis sativa plant. Without scientific support, the court deemed the decree unfounded and suspended it.
While this ruling is undoubtedly a victory for the soft cannabis industry, ICI and other interested parties eagerly await the decision of the administrative judges on the merits, who have set a hearing for January 16th. The outcome of this confirmation will determine the future of CBD-based oral products in Italy.
In conclusion, the decision of the Lazio Regional Administrative Court to suspend the controversial decree against light cannabis marks a crucial moment in the ongoing debate on the legal status of these products. It highlights the importance of evidence-based decision-making in regulatory matters and provides hope for a more rational and science-driven approach to the regulation of soft cannabis in Italy.
We at Mamamary will continue to fight for a world in which hemp is free, we invite you to do the same by continuing to support a sector that fights every day to exist and to spread its benefits to as many people as possible!
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