Hemp associations in Italy are asking that the European Union intervene against an amendment that would prohibit the production and trade of hemp derivatives and inflorescences. This includes derivatives with a THC level of less than 0.2%.
The amendment was included in a security measure that is currently being debated in the House.
The hemp associations believe that the move to add this amendment to the bills may be infringing European rules on the movement of goods and free competition. The approval of the security bill may impact agro-industrial supply chains involved in floriculture, cosmetics, herbalism and food supplements, as well as small CBD retailers.
The sector, which has an annual turnover of about $500 million, employs more than 15,000 individuals in different regions of Italy.
Federcanapa, the federation of Italian hemp focused on developing and promoting industrial hemp value chains, termed this move by the government as a ridiculous crackdown. CIA- AgricoltoriItaliani, one of the biggest trade organizations in Europe, stated that the government’s move was unacceptable, noting that there was a risk the bill’s passage would cause thousands of farms in the growing sector to close. CIA president Cristiano Fini explained that the sector had recorded considerable growth in the past few years and had a lot of support, particularly from young entrepreneurs.
The associations involved include Resilienza Italia Onlus, Imprenditori CanapaItaliana and Canapa Sativa Italia. They urged Brussels to step in and issue an opinion on the matter. In a letter penned to the European Commission, the associations highlighted that the amendment wasn’t compatible with the European Union’s Common Agricultural Policy.
The restrictions introduced under the amendment are in conflict with Article 34 and 36 of the Treaty on the Functioning of the European Union, which defines the free movement of goods principle. The associations cited a ruling made by the European Union Court of Justice in 2020 to support their argument. In its ruling, this court stated that CBD could not be classified as a narcotic and if it was legally produced in another member state, its marketing could not be forbidden.
A separate ruling made by the Administrative Court of the Lazio Region revoked the interministerial officinal herbs decree of May 2022. The decree had classified cannabis sativa under a separate class, permitting only the marketing of derivatives and seeds and limiting agricultural cultivation. In its decision, this court noted that this placement was contrary to the aforementioned articles under the treaty.
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