Is Weed Legal in Italy? (April 2024)

Yes, cannabis is legal in Italy but restricted to medicinal and industrial use only. Italy has a rich cannabis history with the easy-to-spot cannabis shops forming an integral part of the urban landscape of Italian cities. Canapa is the Italian word for cannabis, but mostly refers to low THC cannabis.

About Italy

Italy is a European country located along the Mediterranean coastline. It's mostly known for being home to the Vatican as well as being the home of the legendary novelist Shakespear. Rome is Italy’s capital and is known for its great architecture including in the sprawling metropolis.

Medical Cannabis in Italy

Medical cannabis was legalized in Italy in 2007. Patients need a prescription from a physician who will need to fill a form that has been approved by the Ministry of Health. Cannabis can be cultivated locally and processed for medical use. Physicians can also import medical cannabis for patients but they will need to specify the special needs of the patient that necessitate this type of treatment. The physician will also need to send a request for importation to both the ministry of health as well as the customs office. In addition, the physician may prescribe mild preparations of cannabis which can be formulated by specialized pharmacies. This can either be imported or prepared locally at the Stabilimento Chimico Farmaceutico Militare located in Florence. To cultivate medicinal cannabis one would require authorization from the ministry of health.

The cultivation, sale, and import of medical cannabis in Italy are subject to specific regulations. To engage in these activities, one must obtain authorization from the Ministry of Health. The state primarily manages cultivation, sale, and import through internal production, imports from the Netherlands, or public tenders for supply.

Obtaining personal authorization from the Ministry of Health is mandatory and cannot be transferred or sold. Only institutions or companies with owners or legal representatives of good behavior and offering moral and professional guarantees can be granted this authorization.

In September 2021, the Ministry of Health clarified the regulations for companies intending to cultivate Cannabis Sativa L. using certified seeds of permitted varieties under European law. The purpose is to supply pharmaceutical companies authorized by the Italian Medicines Agency (AIFA) to manufacture active pharmaceutical ingredients (API). The grower seeking authorization must enter into an agreement to supply leaves and inflorescences exclusively to the authorized pharmaceutical company. The Ministry specified that this agreement, a vital requirement for authorization, must be signed before submitting the cultivation and manufacturing applications. The application must provide detailed information about the cultivation, including species, variety, estimated annual production quantity, and the cultivation, processing, and storage locations for the product intended for the pharmaceutical company.

Importing, exporting, purchasing, receiving, or possessing medicines containing narcotic or psychotropic substances without authorization, and exceeding the prescribed quantity, is subject to severe penalties. Offenders may face imprisonment ranging from six to twenty years and a fine ranging from EUR 26,000 to EUR 260,000. Penalties may be reduced by one-third to one-half under specific circumstances.

Is Cannabis Decriminalized in Italy?

Yes, cannabis was decriminalized in Italy in 2016 and the possession and use of small amounts is not considered as a criminal activity. In 2014, the Italian government enacted a law that distinguishes between drug trafficking and personal drug use. According to this law, individuals found in possession of small amounts of cannabis for personal use may face administrative sanctions rather than criminal charges. These sanctions typically include fines, suspension of documents (such as passports or driver's licenses), and mandatory community service. The specific thresholds for personal use quantities can vary by region within Italy. Possession of higher amounts or distribution is punishable by a fine of up to 75,000 euros or imprisonment of 2 to 6 years.

Is Recreational Cannabis Legal in Italy?

No, recreational cannabis remains illegal in Italy. Nevertheless, certain companies have opted to promote a product that contains low levels of THC, which is allowed for sale solely under industrial cannabis regulations. Essentially, within the Italian market, what is referred to as “recreational cannabis” is essentially “cannabis intended for industrial purposes.” However, since it is not intended for smoking, it is sold with a clear disclaimer stating “product not for human use” and “do not smoke.”

Is Hemp Legal in Italy?

Yes, hemp is legal in Italy under the condition that the THC content remains below 0.2%. However, according to law no. 242 of 2016, if the total THC content exceeds 0.2% but does not exceed 0.6% as a result of an authority's inspection, no legal liability will be imposed on the grower.

Industrial cannabis finds application in various areas, including: (a) food and cosmetics production; (b) the creation of semi-finished products like fibers, powders, oils, or fuels; (c) utilization as green manure; (d) organic materials for bioengineering or environmentally-friendly construction projects; (e) phytodepuration materials for remediating polluted sites; (f) cultivation for educational, demonstrational, and research purposes by public or private institutions; and (g) cultivation for floriculture.

As of September 2021, the Ministry of Health clarified that with appropriate authorization, industrial cannabis cultivation can be pursued to supply pharmaceutical companies authorized to manufacture active pharmaceutical ingredients (API).

Presently, the only penalties prescribed by the law for industrial cannabis relate to the seizure or destruction of the crop if the THC content exceeds 0.6% during cultivation.

Regarding the marketing of industrial cannabis, the law does not establish specific sanctions, as it falls under general product safety and consumer protection legislation.

However, it should be noted that growing cannabis without authorization, which does not meet the criteria for “industrial cannabis,” can result in severe penalties. Offenders may face imprisonment ranging from six to twenty years and fines ranging from EUR 26,000 to EUR 260,000.

Is CBD Legal in Italy?

Yes, hemp-derived CBD is legal in Italy. The Ministry of Health has clarified that if CBD is used for medicinal product production, as it is not classified as a narcotic or psychotropic substance, the existing legislation on medicinal products should be applied. Consequently, the rules applicable to medicinal products containing psychotropic substances, such as THC, cannot be extended to CBD.

Regarding the use of CBD in food and food supplements, it is considered a novel food and therefore requires specific authorization from the European Commission in accordance with EU Regulation 2015/2283. Consequently, as of now, CBD cannot be considered an approved ingredient for use in food supplements within Italy.

However, Italian regulations do not prohibit the use of CBD as an ingredient in cosmetics. Cosmetics containing CBD can be sold in Italy as long as they comply with the requirements outlined in Regulation (EC) No 1223/2009 on cosmetic products. It is important to note that the cosmetic product must not contain narcotics listed in Table I and II of the UN Single Convention on narcotic drugs (1961).

Can I Fly with CBD To Rome?

Yes, you can freely move into and out of Rome with CBD products for as long as it does not exceed 0.2% THC and can fit into your hand luggage. CBD can be moved freely within the EU but should not be transported outside the EU unless special permission has been granted.

Cannabis Shops in Italy

Since hemp was legalized in Italy in 2016, dozens of “light’ cannabis shops have sprouted around Rome and neighboring cities. The cannabis light Law 242/16 eliminated the need to seek authorization to plant certified cannabis with THC below 0.2%. It is estimated that there are about 1.300 shops that have vending machines as well as delivery services for hemp inflorescences and leaves.

Will Italy Legalize Recreational Cannabis?

In early 2022 hopes were high that Italy was going to legalize cannabis for recreational use, but these hopes were abruptly dashed when Italy’s Supreme Court rejected a referendum plea to legalize cannabis. Italian pollster Sondaggi Bidimedia had predicted that 57% of Italian voters would back the proposal giving Italy a concrete chance to become Europe’s most cannabis liberal country. Given that Italy had come this close, it might just be a matter of time before the apex court paves way for full legalization through a nation-wide referendum.