Is Weed Legal in Italy?

Cannabis remains illegal for recreational use in Italy under DPR 309/1990, but possession of a small amount for personal use is treated as an administrative offence, not a crime, and rarely results in prosecution. Since Decreto-Legge 48/2025, effective 12 April 2025 and converted into Legge 9 giugno 2025, n. 80, hemp flowers and every cannabinoid product derived from them, including CBD flower and flower-extracted oils, are classified as narcotics regardless of THC content. This closed most of the country's "cannabis light" shops within days. The ban is now being challenged before both the Italian Constitutional Court and the Court of Justice of the EU, and enforcement has largely stalled while those cases are pending.

Situation Status in 2026
Recreational cannabis (THC) Illegal; personal possession decriminalised to an administrative offence
Home cultivation, small scale, personal use Not a criminal offence since a 2020 Supreme Court ruling
Hemp flowers and flower-derived cannabinoids (including CBD flower) Banned as narcotics since 12 April 2025 – under challenge before the Constitutional Court and the CJEU
CBD from hemp seeds or stalks Outside the flower ban, but CBD for oral use is separately restricted
Medical cannabis Legal with a prescription

Italian law does not set a single, fixed gram limit for personal use. Magistrates compare a seized quantity against Ministry of Health dosage tables to judge whether it points to personal consumption or trafficking; guides commonly cite around 5 grams of dried flower as the practical threshold police apply in the field, though this figure comes from enforcement practice, not the statute itself. A finding of personal use leads to administrative sanctions, such as suspension of a driving licence or passport, rather than a criminal record. Home cultivation follows a separate rule: in a judgment filed on 16 April 2020 (n. 12348/2020), the Sezioni Unite of the Court of Cassation ruled that minimal, home-scale cultivation intended exclusively for personal use falls outside the scope of criminal law, provided the technique is rudimentary, the number of plants is small, and nothing points to the drug market.

Before April 2025, THC content decided everything. Under Legge 242/2016, cultivation of EU-registered industrial hemp with a THC content up to 0.2% was permitted without authorisation, and Italy built an estimated €2 billion "cannabis light" sector around roughly 2,000 shops selling low-THC hemp flowers and CBD products. Decreto-Legge 48/2025 replaced that THC-based line with a plant-part distinction: Article 18 now prohibits the import, transfer, processing, distribution, sale, transport, and delivery of hemp inflorescences in any form, along with resins, oils, and extracts derived from them, regardless of THC level. CBD sourced from hemp seeds or stalks, rather than flowers, falls outside that ban and is still judged on THC content as before. That is not the whole picture for CBD, though: a separate ministerial decree classifies CBD for oral use as a narcotic-based medicine sellable only through pharmacies. On 3 August 2026 the Consiglio di Stato suspended that decree for the third time and referred it to the Court of Justice of the EU, so oral CBD should not be treated as freely marketable either.

Where the challenge stands, August 2026

Article 18 is still on the statute book and has not been repealed, but it is contested on two fronts at once and nothing has been finally decided.

  • Constitutional Court. The Tribunale di Brindisi referred Article 18 to the Corte costituzionale by an order of 2 December 2025 (registered as ordinanza n. 26/2026, published in the Gazzetta Ufficiale on 25 February 2026), with further referrals from the Tribunale di Trani and the Tribunale di Brescia. The public hearing is set for 21 October 2026. No ruling has been issued.
  • Court of Justice of the EU. The Consiglio di Stato referred the restriction on hemp inflorescences and their derivatives to Luxembourg by orders nn. 8813/2025 and 8839/2025 of 12 November 2025, on free-movement-of-goods and CAP grounds, followed by the separate referral on oral CBD in August 2026. No CJEU ruling has been issued.
  • Enforcement. In practice there has been something close to a moratorium on seizures since January 2026. Administrative courts in Liguria (11 June 2026) and Lombardy (17 June 2026) suspended municipal shop-closure orders, and the Fourth Criminal Section of the Court of Cassation, in a judgment deposited on 8 July 2026, held that Article 18 does not make hemp automatically illegal and that a concrete narcotic effect still has to be proved. At the same time some mayors continue to order closures.

The practical takeaway for anyone buying or selling flower-derived hemp products in Italy is that the position is unsettled and regionally divergent, not closed – and that it may change materially after 21 October 2026.

Please read this carefully before you act on it: cannabis and CBD law changes regularly across Europe, and enforcement can vary by region even when the written law does not. This article reflects the legal situation at the time of writing. Before you order products, travel with them, or make any decision based on this information, check the current status yourself through an official source the national gazette, the relevant ministry, or a licensed local lawyer rather than relying only on this page or on any other single website. This article explains the legal background; it does not replace individual legal advice.

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