Le ultime novità in Italia: ritorno al passato?

Latest news in Italy: back to the past?

Since the Meloni Government took office in October 2022, a real witch hunt has begun: the hemp sector has been declared “ outlawed ” and attacked with a series of amendments, bills, ministerial decrees that are incredible.

Most of the anti-industrial hemp bills have fallen on deaf ears or been challenged by the Lazio Regional Administrative Court (see what happened in August/September 2023 with the suspension of the Health Ministry Decree following the action of our trade associations).

But in Italy are we talking about Hemp with a high THC content or after years are we still discussing Industrial Hemp with a low THC content but rich in CBD and other components?

Well yes, while the whole world is moving towards the legalization of hemp with a high THC content (see Germany, USA, Spain, etc.) in Italy we are still talking about Cannabis Light !

What are the latest decrees, amendments or proposed laws on Cannabis Light and CBD?

Decree of the Ministry of Health

Let's go in order: let's start with the Ministerial Decree of 27 June 2024 (Min. San.) published in the Official Journal on 6 July.

The Decree, in essence, introduced the inclusion of compositions for oral administration of cannabidiol ( CBD ) obtained from extracts of cannabis - industrial hemp, in Table B of medicines. Specifically, it includes compositions for oral use of CBD among narcotic substances, limiting their sale only to pharmacies with a non-repeatable medical prescription.

This measure comes into force on August 5th.

It is essential to underline that:

  • The decree concerns only oral compositions of CBD intended for medical purposes.
  • Cosmetic products containing CBD and other hemp derivatives are not subject to these restrictions. They continue to be legal and available on the market, without the need for a medical prescription
  • the products on our shop www.tuscanyhemp.com such as CBD Oils are registered as cosmetic products and marketed as such. For this reason on our site in the CBD Oil Collection you will continue to find them and we will continue to market them as products deriving from a controlled and certified supply chain, not narcotics.

Since the publication of the decree, trade associations such as ICI - Imprenditori Canapa Italia and CSI - Canapa Sativa Italia have been carrying out targeted actions to protect the interests of the operators' sector and to ensure that the regulations are based on solid scientific evidence.

Amendment to the Security Bill: Industrial Hemp Inflorescences

During the night between July 31st and August 1st, the joint I and II committees of the Chamber approved amendment 13.06 to the Security Bill , a provision that prohibits industrial hemp inflorescences .

This amendment, which still needs to be approved by the Chamber of Deputies and the Senate before coming into force, provides for substantial and “worrying” changes to Law 242/2016 , the current reference law for regulating the sector.

In fact, the amendment to paragraph 3 of the law would provide: “ The importation, transfer, processing, distribution, trade, transportation, dispatch, shipping and delivery of inflorescences of hemp (Cannabis sativa L.) cultivated pursuant to paragraph 1, even in semi-processed, dried or shredded form, as well as products containing such inflorescences, including extracts, resins and oils derived from them, are prohibited. The sanctions provided for in Title VIII of the Presidential Decree of 9 October 1990, no. 309, shall apply.” .

The Government's desire to completely hit the industrial hemp sector, from cultivation to processing and marketing, and consequently the operators (approximately 3,500 companies, 15,000 employees), is clearly evident.

We report the statements of the main Trade Associations regarding the Security Bill.

For ICI- Imprenditori Canapa Italia This amendment represents a clear signal of the government’s and the majority’s will to close a rapidly expanding production sector, consisting of over 3,000 companies and more than 10,000 employees. The government’s motivation for this change to law 242 refers to issues of public safety and road safety, despite the fact that it is scientifically proven that industrial hemp inflorescences have no drug effect.

The lack of scientific foundation in the government's arguments suggests that this decision is driven by a preconceived ideology rather than objective data. This approach not only damages a healthy productive sector, but also contradicts the promises made by President Giorgia Meloni in her inauguration speech. The president had declared that the motto of her government would be "do not disturb those who want to do things. Those who do business should be supported and facilitated, not harassed." However, with this measure, the government is clearly aiming to close down a productive sector with high economic and employment potential.

The process for the entry into force of this amendment is still long, as it requires a vote in the Chamber and Senate. However, this vote in the committees clearly expresses the determination of the government and the majority to carry forward this change to law 242 of 2016.

The association Imprenditori Canapa Italia strongly denounces this provision, considering it illegitimate and harmful. We will do everything possible to ensure that this amendment does not enter into force and, if it does, we will challenge it at the TAR. We ask for an immediate round table discussion with the government to discuss the serious consequences of this provision and find solutions that do not destroy a productive sector that has demonstrated its ability to significantly contribute to the national economy and the creation of jobs.

Industrial hemp does not pose a threat to public safety. On the contrary, it offers unique opportunities for sustainable agriculture and the production of innovative and environmentally friendly materials. It is essential that the Italian government recognizes these benefits and supports, rather than hinders, the development of this sector.

We invite all companies operating in this sector and supporters of industrial hemp to join us in this fight for justice and rationality. We will not allow unfounded and ideological decisions to destroy the jobs of thousands of people and the future of a promising sector.”

Below is the press release from the CSI - Canapa Sativa Italia Association : " First of all, we would like to reassure you: despite the headlines of these hours, amendment 13.6 and the security bill are not law in force, the approval process will take time to pass both in the Chamber and in the Senate. This rule would damage Italian companies that would no longer be able to operate, while customers will be able to turn to foreign companies: the European Court of Justice has in fact established in 2020 that CBD is not a narcotic substance and therefore enjoys free circulation in the European common market and an interesting fact is that the production of Italian hemp is mainly intended for export. But even in Italy, the much demonized shops have had a positive effect on legality in the cities of our country: a 2019 study by the University of York estimated that the advent of specialized shops selling hemp has caused losses of between 90 and 140 million euros for criminal organizations in Italy alone and in just one year.

In short, hemp is not dangerous for health, but rather it is an opportunity for the Italian economy as well as a means in compliance with the much vaunted ethics, precisely to fight the mafia and reduce the damage from other substances, even legal ones. However, it seems that the current government prefers to favor foreign companies and anti-scientific ideologies to the detriment of Italian entrepreneurs and workers.”

Federcanapa also doesn't mince its words in its press release: "as happened previously, the government is trying again to crack down on the Italian hemp sector.

This time it does so by approving an amendment that would outlaw the flower of industrial hemp, thus prohibiting the cultivation of the crop in general on Italian soil. A country that has been its cradle for a long time, in more defined regimes than the current one, and yet the government makes its move. A move made behind the backs of an entire sector that has approximately 11 thousand employees, not to mention the new companies that have worked to create a real industrial processing department. A move made under cover of darkness, which reflects well the orientation of current politics. A move that, as our lawyers cite, we will be careful to challenge before it becomes a law. A decree, approved for pure ideology, knowingly illegitimate, irresponsible, and to say the least absurd, which further restricts and constrains the activity of many Italian entrepreneurs/farmers, part of a sector that is newly born, in full growth and above all, all uniquely Made In Italy (one of the few). When the passage of the law is proposed, therefore not before September, we will be ready to defend everyone's interests."

Coldiretti raises strong doubts about the amendment: " In fact, the inflorescence of hemp represents a fundamental part of the added value of the plant, and prohibiting its harvesting and drying risks causing the collapse of an entire sector in which many young farmers are involved. Coldiretti had repeatedly expressed the need for protection for farmers who produce hemp in full legality, as also recognized by European legislation, also to respond to markets such as those of nutraceuticals, cosmetics, industry or furniture.

This amendment, which, as mentioned, removes the possibility of collecting, using and drying the inflorescence, also blocks exports to foreign markets that represent a large portion of our market, cutting Italian companies completely out of competition at a European level. Now a production sector that has thousands of people employed and about 4 thousand hectares of cultivated land is put at risk. Finally, Coldiretti recalls that until the 1940s, hemp was more than familiar in Italy, so much so that the Bel Paese with almost 100 thousand hectares was the second largest producer in the world behind only the Soviet Union, then the decline due to progressive industrialization and the advent of the "economic boom" that imposed synthetic fibers on the market.

In conclusion , the current Government's will to destroy the Italian Industrial Hemp sector is clear. And this attempt occurs without taking care of and taking note of the scientific evidence but only on ideological grounds and for lobbying interests.

As Tuscanyhemp we are very concerned about the situation created but aware of the results of scientific research both national, community and international. We know well the properties of the plant which, as demonstrated, is not narcotic. We are also aware that the sector needs clear and definitive regulation on which to invest and work with serenity and tranquility. But certainly the methods, tones, contents and actions undertaken by our Government leave no room for evidence, channeling everything into a mere ideological battle. And this is not acceptable. Hemp unites and does not separate. We will continue our activity certain of good actions.

SOURCES

Federcanapa: https://www.federcanapa.it/2024/08/01/evoluzione-irresponsabile-industriale/

Coldiretti: https://giovanimpresa.coldiretti.it/notizie/attualita/pub/cannabis-a-rischio-la-sopravvivenza-di-un-intero-settore/

ICI: https://www.imprenditoricanapaitalia.it/news/vendita-infiorescenze-un-colpo-mortale-al-settore-della-canapa-industriale/

CSI: https://www.canapasativaitalia.org/leditore-13-06-al-ddl-sicurezza-passato-in-commisione-di-notte-ma-non-e-ne-stupefacente-ne-ricreativo/

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