Victory for Cannabis Light: the Lazio TAR suspends the controversial decree
In a significant turn of events, the TAR of Lazio has suspended a controversial decree of the Meloni government since last September. This ministerial decree of August 7th equated oral CBD products to narcotics, 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 lack of scientific opinions 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 as narcotic or psychotropic substances the “compositions for oral use” based on cannabidiol extracted from cannabis. This move effectively limited the sale of these products to pharmacies, inserting the compounds for oral use based on CBD in the table of medicines, requiring a medical prescription for purchase, implying that CBD could constitute a narcotic.
The ministerial decree that classified cannabidiol as a narcotic substance went into effect on September 22, leading to widespread seizures of CBD products throughout Italy. This decision was met with resistance and legal challenges from various stakeholders in the industry.
The Court's ruling
Following seizures, complaints and appeals from traders, the Regional Administrative Court of Lazio intervened to assess the situation . After careful consideration, the court granted the annulment of the decree, guaranteeing much-needed relief to operators in the sector. This decision came in response to a request made by the association ICI - Imprenditori Canapa Italia 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 be obtained ." He underlined the absurdity of the previous situation, in which not only the sale of the products but also their possession and disposal were prohibited. Desiante stressed that these products, in reality, do not have any psychotropic effect .
The court's decision was supported by the lack of scientific advice to support the government's classification of light cannabis as a narcotic substance. In particular, it highlighted that EU case law had ruled out such classification for CBD (cannabidiol), the chemical found 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 light cannabis industry, ICI and other interested parties are eagerly awaiting the decision of the administrative judges on the merits, who have scheduled a hearing for January 16. The outcome of this confirmation will determine the future of oral CBD products in Italy.
In conclusion, the decision of the TAR of Lazio to suspend the controversial decree against cannabis light marks a crucial moment in the ongoing debate on the legal status of these products. It underscores 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 cannabis light in Italy.
We at Mamamary will continue to fight for a world where 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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