Is CBD oil legal in Italy?

When we hear the word Italy, most of us think about the land of sun, good wine, and plenty of extraordinary food. We consider it to be a place to relax, regain your strength and health.

In recent years the western world has witnessed a growing demand for CBD related products. You have certainly come across some news about cannabis and CBD oil. A lot of these articles are highlighting the health and relaxation effects that come with the use of CBD. As a result of growing demand, plenty of people are trying to succeed in the CBD related business.

So is CBD oil legal in Italy?

The short answer is yes. Italy allows the use of CBD oil and has a competitive legal regime regarding CBD products. This is why the CBD business has been rapidly expanding in recent years.

There are plenty of opportunities to start your own CBD oriented business. As always there are a couple of things you should watch out for. For example, in order to succeed with your company, you have to carefully study the legal aspects of the country. It is crucial for you to differentiate between different terms such as marijuana, hemp, cannabis light, THC, and many others.

We all heard how confusing, slow, and complicated the Italian system can be. Regulation of CBD is no different, it has been changing rapidly in the last years on many different levels. All of this can sometimes seem like too much to follow.

With this in mind, the team of Essentia Pura is here to assist you. If you are in fact planning to start your own CBD related business, or if you are just interested to learn more about CBD in Italy please read on. You are also welcome to contact us at our email address.

In this article, we aim to answer all your questions regarding CBD oil and other products in Italy. At the beginning of the article, we will quickly review some basic facts about CBD production. Then we will focus on how Italian law regulates CBD oil, as well as where and how you can sell or buy CBD related products. We will specifically deal with the business side of things. Hopefully, this article will tackle any obstacles you face if you are setting up your CBD business in Italy.

You might be interested to know that this piece is a part of our series covering regulation of CBD in the European Union. You are welcome to read our comprehensive article covering the EU and country-specific articles dealing with the laws of Germany, Spain, and France.

Overview of CBD

First, let us clarify what CBD is.

Cannabidiol (CBD) is one of the many substances found in the Cannabis Sativa plant. The plant itself is mostly known for its recreational use. But it is still full of secrets and mysteries.

There are two distinct types of cannabis: marijuana and hemp plants. The main difference between the two is whether they contain a high level of THC or not. Marijuana has a high percentage of THC, whereas industrial hemp is usually almost without a trace of THC.

Industrial hemp is therefore usually legal. It is widely accepted throughout the world and is used in many different industries. Marijuana, on the other hand, is still considered only a drug.

Researchers are working intensively on the cannabis plant. Apparently you can find 113 different substances in the cannabis plant. CBD is, without a doubt, one of the most prominent components of the plant, right beside the famous THC – this is the part that is the main cause of you feeling “the high”.

Recent discoveries have shown us that CBD products might have numerous effects on your well being. All this, of course, led to an important shift in public opinion.

In the past, the authorities treated the plant and its derivatives solely as plants with narcotic effects. Something almost exclusively bad. As we have shown above this is clearly not the case. As a result, CBD is more and more frequently used in a wide variety of products.

Nowadays scientists use an efficient process to isolate the CBD from other substances in the cannabis plant. You can learn more about this process and its benefits here.

History of cannabis and CBD products in Italy

Italy has a complex relationship with cannabis and CBD. Even though recreational cannabis and the use of CBD products are still not legal in Italy, some forms of cannabis (for example cannabis light) are allowed.

Let us quickly explain the important parts of the legal status of cannabis throughout history.

a.) Medical cannabis

As early as the 1990s cannabis was considered a “soft drug”. This meant that possession and use of cannabis were subjected to softer penalties. So cannabis was not completely legal but it was also not considered as bad as certain other drugs.

Then in 2007, the government decided to make medical cannabis legal. However, these cannabis products could only be produced if you had a specific governmental permit. But even with these restrictions, some form of cannabis had been made legal in Italy.

The infamously complicated and long bureaucratic procedures that we mentioned before are playing a part in this story too. They led to the fact that no local businesses sprung up. This meant that Italy had to import all medical cannabis and CBD products. The imported products were significantly more expensive than other, domestic remedies. To fix this issue the government mandated the Italian army to produce a specific strain of medical cannabis in 2014, bringing the cost of medical cannabis down. Even with these efforts, the cost of legal medical marijuana is still high and Italians are unfortunately still turning to the black market for their supplies.

Nonetheless, you can now get a doctor’ s prescription for medical cannabis and use it to treat certain types of health issues. The conditions eligible for treatment with medical marijuana include:

• Multiple sclerosis (MS)
• Chronic pain
• Glaucoma
• Tourette’s syndrome
• Nause

Data shows that the recreational use of cannabis in Italy is widespread. Nonetheless, it is still not legal. Possession or use of small amounts of cannabis is, however, only punishable with a fine and is not considered a criminal offense. With that said, there is more than enough space to operate your CBD business completely legally in Italy, We therefore strongly advise you to pay strict attention to the law.

b.) Industrial hemp

Hemp plants went through a similar story. Before the second world war, Italy was among the leading producers of hemp. This quickly changed and hemp cultivation was prohibited in Italy until recently. As soon as the legal restrictions were lifted fields of hemp with low THC content started popping up all across Italy. The production of hemp rose from 500 acres to 5000 acres – an extraordinary increase in production. This hemp plants, with low THC content, are also known as: “cannabis light”

The restrictions on hemp are similar to those in western states. Italy first regulated that Cannabis light should contain less than 0. 2% of THC. Later, however, Italy set a tolerance limit a bit higher: at less than 0 .6% THC. It seems that this makes cannabis light products and their derivatives completely legal in Italy.

Things got a bit more complicated in May 2019. The Supreme Court of Cassation of Italy made a ruling stating that cannabis derivatives with narcotic effects are not legal. This created a great deal of confusion among the cannabis products business community. The vague language of the court makes things confusing. It is not exactly clear if products with the range of THC between 0.2 %and 0.6% are considered narcotics or not.

The legal status of CBD derivatives

CBD products can be sold freely in Italy, but they are subject to the above-described regulation. If the oil is derived from cannabis with a high content of THC then only a pharmacy can sell it to people with a prescription. On the other hand, CBD oil made from cannabis light or hemp is legal and can be freely sold as a food additive everywhere in Italy.

There is great uncertainty due to a recent judgment of the court. So far nothing much has changed in the actual regulation of CBD oil in Italy. The ruling, however, introduced a murky area of law that needs to be urgently addressed.

Buying CBD oil in Italy

CBD oil and other products are available in Italy and can be purchased online and also in regular stores.

However, if you are thinking of setting up your CBD oil business in Italy you should still be careful and follow all regulations in Italy. Only do business with accredited dealers of CBD and cannabis products, this will lower the risk for your company.

You should take care that your supplier puts emphasis on legal compliance and only delivers you goods that can be freely sold in Italy. This means CBD oil with less than 0.6% of THC content. As stated above products with higher THC levels are only available in a licensed pharmacy with a doctor’s prescription.

If you are looking for a partner to supply your CBD related shop, Essentia Pura is a Slovenian company that offers the bulk sale of CBD extracts. We take pride in ensuring strict compliance with national and EU regulations. We are a trusted wholesale partner for your CBD oriented business. As we are a European company we can, of course, assist you in Italy.

If you have any questions regarding the bulk sale of CBD oil and other products, as well as any legal questions about regulations in Italy or other EU member states feel free to contact us on our email address.

Conclusive remarks

Italy is among the first nations to legalize CBD, and it has quite a relaxed attitude toward CBD too. Selling and buying CBD is entirely legal in the country. Therefore, one is not likely to have any significant issues doing CBD business in Italy.

Moreover, the country introduced Law 79 in 2014, making cannabis a less dangerous drug. However, its recreational use is still illegal, but possession of small amounts of cannabis would only result in a fine, and not a felony.¹

All this means that selling or buying CBD isolate-based products would not cause any trouble in Italy. However, if you are thinking of selling full-spectrum CBD products that contain THC, some precautions are recommended. Remember that laws regarding the maximum allowed THC concentration keep changing.^2,3 

Additionally, some products containing THC, even in permitted amounts, might not be legal. Thus, consulting a legal advisor before importing THC-containing products is always a good practice.³ 

It’s also good to keep in mind that though EU laws require Novel Food approval for CBD products, it may be challenging to get it into practice. EFSA has been putting all applications on hold by saying there is still a gap in safety data.⁴

Knowing all that, it would be safe to say that buying or selling CBD products is safe in Italy.  However, if you plan to sell products in the nation, some research would be needed. It would be good to start with CBD isolate or broad-spectrum products that are THC-free. There are no issues selling THC-free CBD products legally produced in other EU member states in Italy, but be careful when importing THC-containing products to Italy from outside the EU.

Is CBD oil legal in France?

In recent years plenty of people are considering trying themselves out in the growing CBD related business in France. While the times are good for this, products related to cannabis are still subject to strict overview and regulation around the world and in France.

If you are setting up a CBD business, comprehensive knowledge of regulations and laws is crucial for your success.

In order to avoid unwanted mistakes, we strive to provide you with factual information about the legal status of CBD oil and other products in different countries in the European Union (“EU”).

The EU is aiming to achieve a common policy in regards to CBD products, as it recognizes the tremendous potential of the products. Nonetheless, it is not uncommon that different member states regulate cannabis and its products differently.

This article aims to answer the pressing questions about CBD products in one of the largest member states of the EU – France.

You can read our articles and learn more about the regulations in the overview of all of the EU, as well as detailed articles about Spain and Germany.

We will explain the legal status of CBD oil, clarify what is permitted, and how CBD can be used in France. Furthermore, the article will explain your options when buying CBD products in France.

If you want to learn more about regulation in France and the legal questions around CBD oil you are welcome to read the article in full.

The legal status of CBD in France

Cannabis is a well known and widely used plant. Throughout history, it went through different stages of treatment, but mostly it was viewed with skepticism and distrust. It was and sometimes still is illegal. Possession and production of the cannabis plant may be considered criminal acts under certain circumstances.

In recent years, extensive research has been conducted on the Cannabis plant. This research showed numerous positive effects of cannabidiol (CBD), a phytocannabinoid extracted from Cannabis sativa L.

The growing interest in cannabis also means a rapidly expanding market for these products throughout the world and in the European Union. Governments are starting to respond to the shift in opinion and are transforming their legal regimes. These times, therefore, provide for a unique opportunity to start and grow your CBD related company.

France is among the largest producers of industrial hemp in the world, right there with China and Canada. It is estimated that it dominates the European market with a share of approximately 40% of all industrial hemp grown in the EU.

French cannabis regulation, however, remains rather confusing.

Cannabis is in principle not legal in France. This changed slightly in 2017. Some products made from the cannabis plant are legal now if they meet criteria set in the law.

We can safely say that France is a good place to sell and buy CBD products, but as always there are some obstacles you have to watch out for.

One of the first and crucial things to mention is the strict difference between cannabis plants, namely marijuana, and hemp. The difference is significant in French law.

It is technically speaking the same plant – Cannabis Sativa. Still, the regulations treat them differently based on the content of THC – the psychoactive element of cannabis that causes the “high” feeling.

They both, however, contain large amounts of other cannabinoids including CBD.

But what exactly is CBD?

Cannabidiol (CBD) is one of 113 cannabinoids that comes from the cannabis plant. CBD is extracted from the cannabis plant in such a way to make it isolated from other cannabinoids. Most importantly, it can be separated from THC, the psychoactive element in cannabis.

Marijuana is considered an illegal drug under the narcotics regime of France due to the fact that it contains large amounts of THC. Mere possession of marijuana is prohibited. Moreover, using, trafficking as well as growing the plant is considered an offence. It follows that the recreational use of marijuana is not legal in France.

On the other hand, hemp is any cannabis plant that does not exceed 0.2% content of THC. It is, as such, permitted under French law. However, there has been some confusion regarding the THC level in products with CBD.

As described above this makes oil with CBD legal in France, but only if it is derived from hemp and not from cannabis.

Nonetheless, there are still some important limitations in the law that you have to watch out for, before starting your own CBD oil business.

Recent History of CBD In France *UPDATED 2023*

a) General restrictions

There has been lots of development significant for the CBD market in France in recent years, which may have caused a lot of confusion in the CBD market. We may set your mind at ease, CBD products are completely legal in France, however the stance of the authorities regarding the questions has change many times in recent years.

It started in 2018 when the French government issued a statement detailing its position on CBD products, explaining what the law permits.

As per their statement, oil and other extracts containing CBD were legal if they are extracted from an officially approved strain of hemp.

Additionally, the flower of the plant was not to be used under any circumstances for CBD extraction. Producers were instead compelled to focus on the fibers and the stem of the cannabis plant, in order to make their extracts from CBD legal in France, further to that, CBD products could not contain any trace of THC. 

In essence, this meant that CBD products, lawfully produced in one member state of the EU could not be sold in France, if the flower of the cannabis plant was used in the extraction process.

In December 2020 European Court of Justice ruled that the French ban on imported CBD products that were produced legally in EU member states is illegal under the EU law. In particular, the French authorities banned all products that were produced from the flowers of the stem of hemp, even if their THC level was below the prescribed threshold. The European Court of Justice (1) decided that as CBD cannot be treated as a narcotic drug such ban is not allowed and that authorities must present conclusive scientific proof that CBD is harmful. 

This was the beginning of a great change in the CBD market as France is a big market in itself and growth in France can contribute to fast growth of the CBD market across all of the EU. However, the complications did not stop there. 

The government again issued a decree that allowed the sale of CBD products if the content of THC is less than 0,3 %, however it prohibited the sale of industrial hemp flowers, regardless of its THC content as it argued that it is not possible to differentiate between narcotics and legal products.

This time the French court stepped in. In response to the ruling, the French courts followed the European Court of Justice and ruled that a ban of hemp flowers with high CBD content is disproportionate and that the authorities could use rapid testing to ensure that the THC level is below the legal threshold.

The legal status regarding CBD oil and medical cannabis is now similar to other western EU member states.

CBD oil and is completely legal and can be sold in stores and online, as long as it does not exceed 0.3% content of THC.

1)https://curia.europa.eu/jcms/upload/docs/application/pdf/2020-11/cp200141en.pdf

2)https://businesscann.com/big-win-for-french-cbd-industry-as-ban-on-flowers-officially-scrapped-but-government-response-suggests-issue-far-from-over/

b) Restrictions in marketing

Any company that wishes to succeed in the CBD oil business needs to adopt smart marketing and advertising strategy. The French authorities tightly regulate different parts of the promotion of CBD products.

Businesses dealing with CBD oil are not permitted to make any claims regarding the health effects of CBD oil. Such claims are allowed only if they are officially recognized by the national regulator (ANSM) or by the European Commission.

In practice, this means that you may be able to link your CBD oil to relaxation effects, similar to those of herbal tea. Statements that CBD helps with the treatment of any disease are not allowed, as this is not yet recognized by the officials.

What is more, the promotion of cannabis in advertising, regardless of its THC content, is not legal in France. It is perceived as the promotion of illegal drugs. Businesses can be fined if they are found to be in violation of this regulation.

Any company dealing with products containing CBD should carefully examine its strategy in order to be in line with the law.

Medical use of CBD in France

As we explained above, statements about the health effects of CBD are not allowed if the effects are not recognized by the authorities. Are any such claims officially permitted?

In 2013 the government cleared some cannabis-related products for medical use, so you can freely promote those.

There have recently been some experimental trials with cannabis for medical use, with extracts that even have higher than permitted THC content. All this might be a signal of a bright future for CBD oil in France.

Where to buy CBD oil in France?

CBD oil that meets the above criteria can be bought and sold without restrictions, both in stores and online.

If you are planning to start your own CBD related business in France, you should still thoroughly check your supplier. Focus on how they follow all essential cannabis regulation, so that you avoid any legal trouble.

Firstly you need to make sure that you work only with accredited buyers and dealers of CBD related products.

Your supplier should provide you with CBD products that do not contain THC and are extracted from cannabis plants with less than 0.2% THC.

Furthermore, they have to provide you with information that the flower of the plant was not used, as this is not yet allowed in France.

You should also be careful that the products that are being supplied to you do not have any unsubstantiated claims regarding the positive health effects of CBD oil.

If you are looking for a partner to supply your CBD related shop, Essentia Pura is a Slovenian company that offers the bulk sale of CBD extracts. We take pride in ensuring strict compliance with national and EU regulations. We are a trusted wholesale partner for your CBD oriented business. If you have any questions regarding the bulk sale of CBD oil and other products, as well as any legal questions about regulations in France or other EU member states feel free to contact us on our email address.

Conclusion

So is CBD oil legal in France? Lets quickly review the rules described in the article.

CBD is legal in France if it’s extracted from a government-designated type of hemp that has less than 0.3 % THC content. The law also prohibits any type of cannabis advertising and mentioning of the health effects of CBD that are not approved by the French authorities.

CBD is legal in France if it’s extracted from a government-designated type of hemp that has less then 0.2% THC content. Furthermore, the final product should not contain THC. The law also prohibits any type of cannabis advertising and mentioning the health effects of CBD that are not approved by the authorities of France.