CBD Laws in Italy: What Changed After the Security Decree

Confused about what CBD products are still legal in Italy?

The CBD laws Italy enforces today look nothing like they did just two years ago. In April 2025, the Italian government invoked emergency powers to pass Decree-Law 48/2025, reclassifying hemp flowers and flower-derived cannabinoids as narcotics overnight. The move effectively dismantled a booming “cannabis light” industry that had generated billions of euros in revenue and supported tens of thousands of jobs since 2016.

If you sell, import, or simply use CBD products, the legal landscape in Italy has shifted dramatically. Some product categories remain fully legal; others now carry criminal penalties. This guide breaks down what changed under the Security Decree, what CBD products are still permitted, and where the ongoing court challenges could take CBD laws in Italy next. For the full picture on recreational and medical regulations, see our complete guide to cannabis laws in Italy.

Italy’s “Cannabis Light” Era (2016-2025)

Italy’s relationship with CBD began in earnest with Law 242/2016, the Promotion of Cultivation and the Agro-Industrial Supply Chain of Hemp. Enacted to support industrial hemp as an environmentally beneficial crop, the law set a THC threshold of 0.2% for cultivation, with a tolerance band up to 0.6% that shielded farmers from liability.

The law triggered a commercial explosion. Cultivated hemp land grew tenfold, from roughly 400 hectares in 2013 to nearly 4,000 hectares by 2018. Entrepreneurs opened approximately 2,000 “cannabis light” shops, delivery services, and vending machines across the country, selling dried hemp flower, pre-rolls, CBD oils, edibles, and cosmetics. By the early 2020s, Italy’s broader hemp sector was valued at an estimated EUR 3 billion, sustaining more than 100,000 jobs across 24,000 businesses.

The cannabis light market operated in a legal gray area. Products were often marketed as “for collection purposes” or as aromatics to sidestep food safety regulations. The Italian Supreme Court (Corte di Cassazione) had even ruled that seizing low-THC hemp inflorescences was unlawful. For nearly a decade, CBD laws in Italy tacitly permitted the sale of hemp flower products, provided THC stayed below the statutory limits. That all changed in April 2025.

The April 2025 Security Decree: What Changed for CBD Laws in Italy

Key Provisions of Decree-Law 48/2025

On April 11, 2025, the Italian government activated Article 77 of the Constitution to approve Decree-Law No. 48/2025 by emergency powers, bypassing standard parliamentary debate. The decree took effect the following day. By April 12, the Senate had converted it into permanent law.

The decree amended Law 242/2016 and excluded all forms of use of hemp inflorescences from its protections. Hemp flowers, along with all products containing or derived from them (including resins, extracts, and oils), were brought under Italy’s narcotics legislation. The stated justification: preventing consumption of products “that could alter a user’s psychophysical state and cause behaviors that put public safety, security, or road safety at risk.”

What Is Now Illegal Under Italian CBD Law

The decree bans the cultivation, importation, processing, possession, transfer, distribution, trade, transport, and sale of:

• Dried hemp flower in any form (whole, semi-processed, shredded, or crushed)
• Hemp pre-rolls and raw plant material marketed for smoking or vaping
• Extracts, resins, and oils derived from hemp inflorescences
• Cannabinoids including CBD, CBG, and CBN when sourced from flowers
• “Cannabis light” products formerly sold in retail shops

Additionally, a January 2025 court decision upheld restrictions on CBD oral compositions, classifying them as medicines requiring a prescription and available only through pharmacies.

What CBD Products Remain Legal in Italy

Not everything was banned. The decree carved out several exemptions that define what is still permitted under CBD laws in Italy:

• CBD oils from seeds or stalks: Extracts originating from non-flower parts of the hemp plant remain lawful
• Hemp seed food products: Supplements, oils, and foods based on hemp seeds are permitted
• Industrial hemp cultivation: Growing hemp for fiber, seeds, and non-flower applications continues under Law 242/2016
• Hemp fiber and stalks: Import and sale of industrial hemp parts with THC below 0.2% is allowed
• CBD cosmetics: Nominally permitted under the EU Cosmetics Regulation, though in practice these products face a high risk of seizure in Italy
• Prescription CBD: Permitted for pharmaceutical purposes under the Health Ministry Decree of June 27, 2024
• Seed production: Processing inflorescences exclusively for agricultural seed production is the one permitted use of flowers

Industry Impact

The ban hit with no transition period. Businesses holding legal stock the day before found themselves criminally exposed overnight. According to industry estimates, the decree threatened an EUR 2 billion segment of the economy and put over 22,000 jobs at risk. Many producers suspended operations or closed their doors entirely.

The emergency powers mechanism drew particular criticism. By using Article 77, the government bypassed parliamentary debate and effectively criminalized an estimated 22,000 people in a single day.

Current CBD Product Regulations in Italy

THC Limits and Testing

Italy maintains a two-tier THC framework for hemp cultivation. The legal cultivation threshold remains 0.2%, with the 0.6% tolerance band still in effect for standing crops. However, consumer products derived from inflorescences are now entirely prohibited regardless of THC content. For products made from seeds and stalks, THC must remain below 0.2%.

Certified testing is required for all hemp-derived products entering commerce. Laboratories must verify that extracts originate from permitted plant parts and that THC content falls within legal limits.

Labeling and Marketing Rules

CBD products that remain legal in Italy must comply with several requirements. Products cannot be marketed as food supplements, as CBD has not yet received EU Novel Food authorization. No health claims are permitted on labels. THC and CBD content declarations are mandatory, and Italian language labeling is required. Marketing materials cannot suggest psychoactive effects or therapeutic benefits without pharmaceutical authorization.

Online Sales and Cross-Border Imports

Cross-border CBD purchases into Italy now carry significant risk. Italian customs enforcement has intensified since April 2025, and flower-based CBD products shipped from other EU countries are subject to seizure. Products made from permitted plant parts (seeds, stalks) can still be imported, but buyers should ensure clear documentation of extraction source. Italian e-commerce platforms have largely removed hemp flower products, with online retailers focusing exclusively on seed-derived products.

CBD Laws Italy vs. Other European Countries

Italy’s Security Decree placed the country among the strictest regulators of CBD in Europe. Here is how CBD laws in Italy compare with neighboring markets:

Italy now has the strictest CBD flower laws in the European Union. While Germany has moved toward liberalization with its 2024 adult-use cannabis decriminalization, Italy has moved in the opposite direction. For a detailed look at how Portugal handles CBD, see our guide to CBD legislation in Portugal. Operators exploring cultivation opportunities in southern Europe may also find our overview of CBD cultivation licensing in Spain useful.

What’s Next for CBD Laws in Italy

The legal battle over Italy’s CBD ban is far from settled. Multiple court challenges are working through the system simultaneously, and the outcome could reshape CBD laws in Italy within the next year.

Constitutional Court Challenge

The Court of Brindisi has asked Italy’s Constitutional Court to rule on whether Article 18 of the Security Decree is constitutionally valid. Challengers argue the blanket ban on low-THC hemp products violates constitutional protections for economic freedom and proportionality.

EU Court of Justice Referral

In November 2025, Section IV of the Council of State referred the question to the Court of Justice of the European Union (Decree No. 8813/2025). The referral asks whether Italy’s decree breaches EU rules on agricultural goods, competition, and free movement of goods. Legal analysts consider it “likely” the CJEU will strike down the ban, given the 2020 Kanavape precedent in which the court ruled that CBD is not a narcotic and cannot be blocked from cross-border trade.

Council of State Suspension

In December 2025, the Council of State accepted an appeal from hemp industry associations and temporarily suspended provisions that classified CBD oral preparations as medicines. The final judgment is scheduled for May 2026.

EU Novel Food Progress

At the European level, EFSA published updated safety guidance for CBD as a Novel Food in September 2025, setting a maximum safe intake of approximately 2 mg per day for a 70 kg adult. While no CBD product has yet received full EU Novel Food authorization, the ongoing evaluation process could eventually provide a clear regulatory pathway that supersedes individual Member State restrictions.

For operators interested in Italy’s hemp cultivation framework, which remains partially intact despite the Security Decree, see our guide to industrial hemp cultivation in Italy.

Frequently Asked Questions

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