Is Weed Legal in Italy? Complete Cannabis Laws Guide

Navigating Italy’s complex cannabis landscape in 2026?

Is weed legal in Italy? The short answer is no, recreational cannabis remains illegal, but Italy has decriminalized personal possession and maintains one of Europe’s most established medical cannabis programs. Understanding exactly where the lines fall is essential, especially after the Italian government’s dramatic April 2025 Security Decree reshaped the country’s hemp and CBD sector overnight.

Italy occupies a unique position on the European cannabis spectrum. Personal possession carries administrative sanctions rather than criminal penalties. Medical cannabis has been legal since 2013, with the Italian military producing pharmaceutical-grade flower in Florence. Yet a 2025 emergency decree classified all hemp flowers as narcotics, forcing thousands of “cannabis light” shops to close. This guide covers every angle of Italian cannabis law in 2026, from medical cannabis in Italy and CBD and hemp laws in Italy to what tourists need to know, licensing for businesses, and industrial hemp regulations in Italy.

Cannabis Laws in Italy: Is Weed Legal in Italy?

Understanding whether weed is legal in Italy requires looking at five distinct categories. Italian law treats recreational cannabis, medical cannabis, CBD products, industrial hemp, and cannabis seeds differently. The table below summarizes the current status as of early 2026.

Three pieces of legislation define the current framework. The DPR 309/1990 (Testo Unico stupefacenti) is Italy’s consolidated drug law and remains the backbone of cannabis regulation. Law 242/2016 legalized industrial hemp cultivation, creating a booming “cannabis light” market. Then Decree-Law 48/2025, the April 2025 Security Decree, reversed much of the hemp flower liberalization by classifying all hemp inflorescences as controlled substances.

The timeline of major changes tells the story of a country pulled in two directions. Italy first authorized medical cannabis in 2007 and expanded access broadly in 2013, embraced hemp cultivation in 2016, saw its Supreme Court protect home growers in 2019, and then enacted the strictest hemp crackdown in the EU in 2025.

Personal Possession and Decriminalization

Italy decriminalized personal cannabis possession under DPR 309/1990. Individuals found with quantities consistent with personal use face administrative sanctions, not criminal charges. There is no single gram threshold written into law. Instead, Italian authorities evaluate factors such as the total quantity, number of doses, presence of packaging materials, and whether multiple drug types are found.

In practice, courts have generally treated amounts containing up to approximately 1.5 grams of THC (roughly 5 to 15 grams of flower depending on potency) as consistent with personal use. Carrying above this informal threshold shifts the matter toward criminal proceedings for potential trafficking under Article 73 of DPR 309/1990.

A landmark moment came on December 19, 2019, when Italy’s Supreme Court (Corte di Cassazione) ruled that cultivating small amounts of cannabis at home for exclusive personal use is not a criminal offense. The case involved a defendant sentenced by a lower court to one year in prison and a EUR 3,000 fine for growing two plants. The Supreme Court overturned that conviction, citing the “rudimental techniques used, the small number of plants, the modest achievable amount of the final product, and the lack of evidence connecting it to a larger narcotic market.”

This ruling was significant but deliberately narrow. The court did not specify an exact number of plants or grams that qualify as legal. The precedent protects small-scale personal growers, but enforcement remains inconsistent across Italian regions.

How Italy Compares to Other European Countries

Is weed legal in Italy compared to its European neighbors? Italy sits in the middle of the spectrum. It is more restrictive than Germany and Malta, which have fully legalized recreational cannabis, but more permissive than many Eastern European nations that still impose criminal penalties for personal possession.

Portugal decriminalized all drugs in 2001, treating possession as a public health matter rather than a criminal issue. Germany took the boldest step in April 2024, fully legalizing recreational cannabis for adults with possession limits of 25 grams in public and 50 grams at home. Malta became Europe’s first country to legalize recreational cannabis in December 2021 through a cannabis club model. Spain occupies a gray area where private consumption is tolerated and cannabis social clubs operate in regions like Catalonia.

For deeper dives into these neighboring markets, explore our guides on cannabis laws in Portugal, cannabis licensing in Germany, cannabis licensing in Spain, and cannabis laws in Malta.

Medical Marijuana in Italy

Medical cannabis has been available in Italy since 2007, with broad prescribing access established in 2013, making it one of the earlier European adopters. The program centers on the Stabilimento Chimico Farmaceutico Militare (SCFM), a military pharmaceutical facility in Florence that is the only entity authorized to produce medical cannabis domestically.

The SCFM produces two cannabis varieties. FM2 contains 5 to 8 percent THC and 7.5 to 12 percent CBD, while FM1 contains 13 to 20 percent THC with less than 1 percent CBD. Production follows EU Good Manufacturing Practices (GMP) and includes growing, harvesting, drying, grinding, gamma-ray sanitization, and distribution to pharmacies and hospitals.

Despite the program’s longevity, domestic production has plateaued at around 300 kilograms per year, well below patient demand. Italy has relied on increasing imports since 2018 to fill the gap. More than 10,000 patients currently benefit from medical cannabis prescriptions, with qualifying conditions including chronic pain, multiple sclerosis spasticity, and chemotherapy-induced nausea. Some regions reimburse up to 80 percent of the cost.

Access requires a prescription from an Italian doctor. Tourists cannot obtain medical cannabis prescriptions during short visits.

CBD and Hemp Regulations After 2025

The question of whether weed is legal in Italy took on new dimensions in April 2025 when Prime Minister Giorgia Meloni’s government enacted Decree-Law 48/2025, the Security Decree. Using emergency powers under Article 77 of the Italian Constitution, the government bypassed parliamentary debate to classify all industrial hemp flowers as narcotics, regardless of their THC content.

This decree devastated Italy’s “cannabis light” sector. The government’s stated purpose was preventing hemp flower consumption from altering users’ “psycho-physical state” in ways that could endanger public safety or road safety. In practice, it forced the closure of thousands of CBD flower shops and threatened an industry worth approximately EUR 2 billion that employed an estimated 23,000 people.

What changed after the 2025 decree:

• Hemp flowers classified as narcotics (regardless of THC content)
• CBD, CBG, CBN, and other cannabinoids from flower material banned
• Cultivation, sale, processing, and possession of hemp flowers criminalized

What remains legal:

• CBD oils derived from hemp seeds or stalks (not flowers)
• Industrial hemp for fiber, seeds, and construction materials
• Hemp seed food products
• Medical cannabis with valid prescription

The decree faces ongoing legal challenges. In June 2025, a court in Parma ruled that low-THC hemp flowers can remain legal under EU law, citing potential conflicts between the Italian decree and European hemp policies. The European Commission has reportedly opened an investigation into the matter. As of early 2026, the legal landscape remains fluid.

Cannabis Penalties in Italy

Personal Use Penalties: The Diffida System

When authorities determine that cannabis possession is for personal use, penalties fall under Italy’s administrative system rather than criminal law. The process works through a graduated framework known as the diffida system.

For a first offense, the prefect (local government authority) typically issues a diffida, a formal warning that serves as an injunction not to use drugs again. This is not a criminal proceeding and does not result in a criminal record. The individual may also be referred to a social services interview.

For repeat offenses, administrative sanctions escalate. These may include:

• Suspension of driving license (1 to 3 months)
• Suspension of passport (1 to 3 months)
• Suspension of firearms license
• Suspension of residence permit for non-EU citizens
• Fines ranging from approximately EUR 225 to EUR 642

The critical distinction is that personal use sanctions are administrative. They do not appear on criminal records and do not result in imprisonment. However, the suspension of documents like a driving license or passport can have significant practical consequences, particularly for tourists.

Trafficking and Distribution

Penalties increase sharply once authorities determine that cannabis possession exceeds personal use. Italian law treats cannabis trafficking as a criminal offense under Article 73 of DPR 309/1990.

Sentence severity depends on the quantity involved, the circumstances of the offense, and whether the activity is connected to organized crime. Italian courts distinguish between cannabis and hashish (classified as “light” drugs) and substances like cocaine and heroin (“heavy” drugs), with lighter penalties for cannabis-related offenses.

Cultivation Penalties

Cultivation occupies a legally ambiguous space in Italy. The 2019 Supreme Court ruling established that small-scale home cultivation for personal use is not criminal, but the ruling did not define clear thresholds. Commercial cultivation without a license remains a criminal offense under Article 73, carrying the same penalty ranges as trafficking.

For anyone considering cultivation in Italy, the difference between a protected personal garden and a criminal enterprise comes down to scale, technique, and intent. Factors that courts consider include the number of plants, the sophistication of the growing setup, and whether there is evidence of distribution.

Cannabis in Italy for Tourists

Millions of tourists visit Italy each year, and many arrive with questions about the country’s cannabis policies. The essential advice is straightforward: while personal possession is decriminalized, purchasing cannabis is illegal, and tourists face the same administrative sanctions as Italian residents.

In major cities like Rome, Milan, Florence, and Naples, cannabis use happens but is not legally sanctioned in any public or private establishment. There are no Amsterdam-style coffee shops or Spanish-style cannabis clubs operating legally in Italy.

After the April 2025 decree, tourists should also be aware that CBD flower products are no longer legally available. CBD oils derived from seeds or stalks may still be found in some specialty shops and pharmacies, but the landscape has narrowed considerably. Travelers bringing CBD products into Italy should ensure they contain no flower-derived cannabinoids and comply with current Italian law.

Medical cannabis prescriptions from other EU countries are not automatically valid in Italy. Tourists with medical cannabis needs should consult Italian consular services before traveling.

Commercial Cannabis in Italy: Licensing and Business

For businesses and entrepreneurs, the Italian cannabis market presents both opportunities and regulatory challenges. The commercial landscape spans three main sectors: medical cannabis production, industrial hemp cultivation, and pharmaceutical distribution.

Medical cannabis production is tightly controlled. The SCFM in Florence holds a de facto monopoly on domestic production, though the government has explored opening additional cultivation contracts to meet demand. Any entity seeking to produce medical cannabis must meet stringent pharmaceutical standards, including EU GMP and GACP standards certification.

Industrial hemp cultivation under Law 242/2016 requires planting EU-certified seed varieties with THC content below 0.2 percent (with a 0.6 percent tolerance during field inspections). While the 2025 decree banned hemp flower products, cultivation for fiber, seeds, and non-flower applications continues. Farmers do not need special authorization to plant certified hemp seeds, but must maintain documentation proving the seed origin.

Italy’s position as one of Europe’s largest medical cannabis markets makes it attractive for international operators. Companies exporting medical cannabis to Italy must comply with Italian pharmaceutical import regulations and hold appropriate GMP certifications. The annual IndicaSativa Trade Bologna conference, one of Europe’s premier cannabis industry events, reflects the country’s growing commercial significance.

For complete licensing requirements across medical and hemp sectors, see our guides on cannabis licensing in Italy and industrial hemp regulations in Italy.

GrowerIQ’s seed-to-sale platform helps licensed cannabis operators across Europe maintain the traceability and compliance documentation that Italian and EU regulators require. From cultivation tracking to EU GMP audit trails, the platform is built for the regulatory complexity of markets like Italy.

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