Administrative judges in France and Italy have annulled the interministerial decrees of their respective governments, affirming the green light for the production and sale of hemp flowers and leaves (1,2).
The bans imposed in Paris and London are unjustified and contrary to EU law when referring to parts of Cannabis Sativa L. plants. with reduced THC content, devoid of narcotic effects.
1) Italy. TAR Lazio annuls the Testo Unico Piante Officinali (Consolidated Text on Medicinal Plants).
The Lazio Regional Administrative Court (TAR ), in a ruling on Feb. 14, 2023, annulled the ‘Testo Unico Officinali’ of Jan. 21, 2022. Brief summary:
- the interministerial decree on medicinal plants and botanical ingredients, already in the draft circulated in June 2021, adduced that the scope of Law 242/2016 (Provisions for the promotion of the cultivation and agro-industrial chain of hemp) would be limited to Cannabis Sativa L. seeds only, (3)
- the productions of hemp flowers and leaves, regardless of THC levels and destinations (including outside the pharmaceutical sector) would instead fall under the scope of the Testo Unico Stupacenti (Presidential Decree 309/90) and bound to prior authorization by the Ministry of Health, (4)
- following administrative appeal (filed by Canapa Sativa Italia, Sardinia Cannabis, Resilienza Italia onlus and Federcanapa) the Lazio Regional Administrative Court asked the ministries (Agriculture, Ecological Transition, Health) to justify the limits imposed on the free movement of goods legally produced in the EU,
- ministries invoked the ‘precautionary principle’ but offered no evidence to support the scientific uncertainty about the safety of hemp leaves and flowers. Therefore, the Lazio Regional Administrative Court (TAR) has annulled the Officinali Unico Text. The production and sale of such products cannot be hindered.
2) France. State Council annuls interministerial order
The Conseil d’État in France had already suspended, on January 24, 2022, the application of the interministerial order restricting the use of hemp flowers and leaves to the production of extracts only. (5) In line with what the EU Court of Justice has already clarified, regarding bans on the sale of CBD. (6) And upheld the previous decision, in the judgment of December 29, 2022.
‘The document notes that CBD (cannabidiol), which has no psychotropic effects and does not cause addiction, cannot be considered a narcotic product. It found that it had not been established that consumption of flowers and leaves of these low-THC cannabis varieties posed public health risks. Therefore, it considers the general and absolute ban on their marketing to be illegal.’ (2)
3) Germany and Poland, the background
The Administrative Court in Düsseldorf, Germany, was the first national court to apply the criteria set by the EU Court of Justice. Affirming, as early as May 2021, a ban on hindering the sale of products that contain CBD in natural extract form. (7)
The Supreme Administrative Court in Warsaw in turn, in its ruling Feb. 17, 2022, had clarified the entire plant of Cannabis sativa L. – including leaves, flowers and stems-it qualifies as a traditional food and its sale cannot be hindered by the Novel Food regulation. (8)
4) Interim Conclusions
The writer had humbly pointed out, back in 2018, the full legitimacy of production and sale of herbal tea-cut hemp inflorescences (9,10). But the rights of farmers, processors and distributors of hemp products continue to be trampled on by both national institutions and official inspection authorities.
It is time to hold accountable the individual managers, officials and public officials in Italy and Europe who persist in abusing EU law to unjustifiably hinder the development of the hemp supply chain. Which, as noted, excels in circular economy and carbon sequestration performance (11,12). And turn over a new leaf, once and for all.
Dario Dongo
Notes
(1) Tribunale Amministrativo Regionale (TAR) per il Lazio, Sezione Quinta. Case No. 02613/2023 REG.PROV.COLL., 08539/2022 REG.RIC. Judgment 14.2.23
(2) Council d’État. CBD: Annulation de l’arrêté interdisant la vente des fleurs et feuilles de cannabis sans propriétés stupéfiantes. https://www.conseil-etat.fr/actualites/cbd-annulation-de-l-arrete-interdisant-la-vente-des-fleurs-et-feuilles-de-cannabis-sans-proprietes-stupefiantes 29.12.22
(3) Dario Dongo. Officinal plants and botanical ingredients, decree scheme runs aground on hemp flowers and leaves. GIFT (Great Italian Food Trade). 23.6.21,
(4) Dario Dongo. Medicinal plants decree, possible misunderstandings about hemp. GIFT (Great Italian Food Trade). 14.1.22
(5) Dario Dongo. France, Council of State suspends ban on the sale of Cannabis sativa L. GIFT (Great Italian Food Trade) leaves and flowers. 17.1.22
(6) Dario Dongo. Natural CBD, EU Court of Justice declares unjustified bans unlawful. New Horizons. GIFT (Great Italian Food Trade). 21.11.20
(7) Dario Dongo. Dario Dongo. CBD green light, justice at the Düsseldorf District Court. GIFT (Great Italian Food Trade). 30.5.21
(8) Dario Dongo. The Cannabis sativa L. plant is not a Novel Food. Yet another confirmation from Warsaw.. GIFT (Great Italian Food Trade). 24.6.22
(9) Dario Dongo. Hemp sativa and herbal teas, ABC. GIFT (Great Italian Food Trade). 20.9.18
(10) Hemp cutting herbal tea? Lawyer Dario Dongo answers.. FARE (Food & Agriculture Requirements). 10.11.18
(11) Dario Dongo. Industrial hemp and circular economy. GIFT (Great Italian Food Trade). 16.8.19
(12) Marta Strinati. The power of hemp to sequester carbon at the center of Hemp-30. GIFT (Great Italian Food Trade). 10.1.23
Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT - Food Times) and Égalité.
