Italy legalises CBD in food

Italy is among the most advanced European countries in terms of CBD legalisation. The latest development is the possibility of incorporating hemp into food. An update on Italy’s legislation.

The legal framework for CBD in Italy 

In Europe, Italy is among the progressive countries in terms of CBD legalisation. Light cannabis containing less than 0.2% THC was legalised in 2017. Since then, several laws have been passed to regulate the hemp market. In particular, significant progress was made at the end of 2019. On 27th December 2019, the Italian Court of Cassation ruled that the cultivation of small-scale domestic cannabis for personal use does not constitute a crime. In addition, an amendment to the draft 2020 budget permitted Italian tobacconists to sell CBD products.

However, this progress didn’t come without problems. The plan to legalise light cannabis with a maximum THC content of 0.5%, for example, was rejected by the Italian Senate at the end of 2019. Nonetheless, Italy is still far ahead of many other countries. In the latest development, the Italian government has just published a decree that establishes the maximum THC values allowed in food products, thus paving the way for the incorporation of hemp in food.

According to the decree issued by the Ministry of Health, the maximum THC content is 2 milligrams per kilo for cannabis seeds, the flour derived from them and supplements containing derivatives, and 5 milligrams per kilo for oil obtained from hemp seeds. As you can see, the text makes no reference to European regulations (Novel Food) or to CBD content.

The CBD market in Italy

The different pieces of legislation concerning cannabis and CBD in Italy essentially endorse a well-established economic sector. In recent years, the country has seen a boom in hemp cultivation. Until the 1940s, Italy was the world’s second largest producer of hemp after the USSR. After years of decline due to competition from synthetic fibres, hemp has been rediscovered thanks to its environmentally-friendly and industrial qualities. The legalisation of light cannabis in Italy was also a contributor to this revival. The area of land used for cannabis cultivation has risen dramatically from 400 ha in 2013 to 4,000 ha in 2018. And it is estimated that the Italian CBD sector currently represents 3,000 businesses which employ 10,000 people. 

This is why Coldiretti, the largest farmers’ association in Italy, welcomed the latest legislative move to allow hemp in food. In its opinion, this decision "clarifies the sector’s situation", as it did not wait for legislation to come in force. Coldiretti stated that the law is a first response to the "hundreds of farms that have invested in the cultivation of this plant". 

However, many professionals are calling for further progress to clarify the legal framework for the Italian CBD market. There is still a lot of legal uncertainty. For example, there is no legislation regarding other products containing cannabinoids, such as cosmetics, which are rapidly being developed. The Italian legislation also set a limit on the THC content (0.2-0.6%), only relevant to hemp cultivation, without imposing limits on end products.