Cannabis can be used for industrial purposes on the condition that the THC is lower than 0.2%. However, in accordance with law no. 242 of 2016, if, as a result of a control by the authorities, the total THC content of is more than 0.2% but no more than 0.6%, no liability shall be borne by the grower.
Industrial cannabis can be used for: (a) foods and cosmetics; (b) semi-finished products, such as fibre, powders, oils or fuels; (c) material intended for use as green manure; (d) organic material for bioengineering works or products useful for green building; (e) material aimed at phytodepuration for the remediation of polluted sites; (f) crops dedicated to teaching and demonstration activities as well as research by public or private institutions; and (g) crops intended for floriculture.
As of September 2021, the Ministry of Health clarified that, upon authorization, industrial cannabis may be cultivated for the purpose of supplying pharmaceutical companies authorised to manufacture active pharmaceutical ingredients (API).
The only sanctions currently provided by the law on industrial cannabis are the seizure or destruction of the cannabis if the THC content in cultivation is higher than 0.6% .
The law does not provide for sanctions related to the marketing of industrial cannabis, which must be derived from the general legislation on product safety and consumer protection.
If, on the other hand, a farmer grows cannabis without authorisation that does not fall within the definition of “industrial cannabis”, they may be punished with imprisonment of six to twenty years and fined from EUR 26,000 to EUR 260,000.
There is no proper regulation on CBD in Italy. CBD is a substance with recognised pharmacological activity that is not included in the table of drugs. The Ministry of Health has explained that if the CBD is used for
the production of medicines, not being present in the tables of narcotic or psychotropic substances, the current legislation on medicinal products should be applied. As a consequence, the rules on medicinal products containing psychotropic substances, which applies to THC, cannot be applied to CBD.
As far as the use of CBD in food and food supplements is concerned, this substance is considered a novel food and therefore requires a specific authorization by the European Commission according to EU Regulation 2015/2283. Therefore, to date, CBD cannot be considered to be an ingredient that can be used in food supplements in Italy.
The Italian regulations do not prevent CBD from being used as an ingredient in cosmetics. Cosmetics with CBD are marketable in Italy if they are in accordance with the requirements of Regulation (EC) No 1223/2009 on cosmetic products. Therefore, the cosmetic product may not contain narcotics as listed in Table I and II of the UN Single Convention on narcotic drugs (1961).
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