Le CBD est-il légal en Italie ?
Short answer: CBD (cannabidiol) is not classified as a narcotic at the European level, and Italy was long one of Europe's most dynamic hemp markets thanks to “cannabis light”. Since 2025, however, the sale of hemp flowers there has been heavily restricted by a so-called “security decree”, currently being challenged before the Court of Justice of the European Union and the Italian Constitutional Court. The status of flowers therefore remains uncertain and evolving. The right reflex: choose compliant, lab-tested products (THC < 0.3%) and check the rules in force before any purchase or trip.
The legal framework for CBD in Italy: Law No. 242 of 2016
CBD (cannabidiol) is a non-psychotropic cannabinoid from hemp (Cannabis sativa L.). Unlike THC — the molecule that gets you “high” and remains strictly regulated across Europe — CBD has no intoxicating effect. To understand the distinction between the two molecules, see our guide CBD or THC: what are the differences.
In Italy, industrial hemp cultivation is based on legge 2 dicembre 2016, n. 242, a law promoting the agro-industrial hemp supply chain. It authorises the cultivation of hemp varieties listed in the European catalogue of agricultural species, with a THC content capped at 0.2% in the field and a tolerance of up to 0.6% without liability for the farmer. This is the law that enabled, from 2017 onwards, the spectacular rise of “cannabis light”: very low-THC hemp flowers sold in hundreds of specialised shops across the country. However, the law lists specific uses (fibres, seeds, cosmetics, food, bio-construction) without expressly mentioning flowers, which fuelled years of court debates, up to the Italian Court of Cassation in 2019.
2025-2026: the “decreto sicurezza” changes the game for flowers
The situation shifted in 2025. Decree-Law No. 48 of April 2025, converted into legge 9 giugno 2025, n. 80 (the “decreto sicurezza”), assimilated hemp flowers (infiorescenze) and their derivatives to substances covered by Italian narcotics legislation (DPR 309/1990), banning their commercialisation even when the THC content is very low. This tightening was immediately challenged: in late 2025, the Consiglio di Stato suspended certain implementing measures and referred a preliminary question to the Court of Justice of the European Union, while the Italian Constitutional Court was seised in early 2026. Pending these decisions, the status of CBD flowers in Italy remains uncertain: caution is therefore advised for consumers and retailers alike.
Note: products not derived from flowers — hemp seed oils, cosmetics, seed-based foods — fall outside the scope of this ban and remain on sale as normal.
What European law says about CBD
European Union law provides a more stable foundation. In its “Kanavape” ruling (case C-663/18 of 19 November 2020), the EU Court of Justice held that cannabidiol lawfully extracted from the whole hemp plant is not a narcotic within the meaning of international conventions, and that a Member State may not prohibit the marketing of CBD lawfully produced in another Member State without demonstrating a genuine risk to public health. In addition, CBD intended for ingestion falls under Regulation (EU) 2015/2283 on novel foods: cannabidiol extracts must be authorised before being sold as foodstuffs. It is notably on this European framework that the legal challenges against the Italian flower ban are based.
What about CBD flowers?
The status of CBD flowers is now the most sensitive issue in Italy: long tolerated under the “cannabis light” framework, they have been subject since 2025 to a marketing ban currently contested before European and constitutional courts. If you live in Italy or are travelling there, check the exact state of the regulations at the time of your purchase or trip, as the situation can change quickly with court decisions. In any case, choose compliant, lab-tested products accompanied by certificates of analysis clearly stating the THC content.
Buying CBD with peace of mind
All Golden CBD products are lab-tested, contain less than 0.3% THC and are shipped discreetly across Europe. Every product is designed for well-being and relaxation, in compliance with applicable regulations. Discover our flowers, our resins & hash and our best sellers. Before ordering to Italy, remember to check the rules in force in the destination country.
FAQ — CBD and legality in Italy
Is CBD legal in Italy?
The CBD molecule is not classified as a narcotic at the European level (CJEU ruling C-663/18). However, the marketing of hemp flowers has been restricted in Italy since legge 80/2025, a text contested before the CJEU and the Constitutional Court: the framework remains evolving.
What is “cannabis light”?
It is the name given in Italy to very low-THC hemp flowers, which emerged after Law No. 242 of 2016 on industrial hemp. Their commercialisation is at the heart of the current litigation.
Does CBD get you high?
No. CBD is not psychotropic, unlike THC. It is sought after for relaxation and well-being, without any intoxicating effect.
Can you get CBD delivered in Italy?
Golden CBD ships its compliant products (THC < 0.3%, lab-tested) discreetly across Europe. Given recent developments in Italian regulations, check the rules in force before ordering.
Can the regulations change?
Yes. Decisions from the EU Court of Justice and the Italian Constitutional Court are expected and could redefine the framework applicable to flowers. Always check the local rules in force.
This article provides general information and does not constitute legal advice. Regulations change quickly; check the local rules in force before any purchase. Product reserved for adults.
