The European Commission has examined amendment 13,6 to the Security Bill (Safety Bill), which would like to limit the production and trade of 'light' hemp, because it could violate the European Union principles of free circulation of goods and fair competition. The complaint was presented by the Italian Sativa Hemp Association, to protect a very active sector.
The light hemp sector at risk
In Italythe light cannabis supply chain is once again at risk. The Meloni government has in fact inserted amendment 13,6 to the Security Bill with which it intends to prohibit the sale and use, outside of the industrial sector, of hemp inflorescences and derivatives with a THC content below the 0,2%. An ideological fury on the part of the government, considering that the Northern League member Iezzi would like to ban the use of the image of the cannabis leaf, punishing it with a sentence ranging from six months to two years.
The governmentof 'Made in Italy' would thus put at risk a sector with a turnover of 500 million per year and which employs more than 15 thousand workers throughout Italy, especially young people. Sector that includes not only small CBD retailers, but the entire agro-industrial chain such as food products, cosmetics, floriculture, food supplements, herbal medicine.
The complaint to the European Commission
The Italian Hemp Sativa Association(CSI) has lodged a complaint with the European Commission as the amendment, if approved, would violate European Union law by preventing the free movement of goods. Furthermore, CSI points out, the government skipped the crucial step of notifying the Technical Regulation Information System (TRIS) before adoption into national legislation (Directive (EU) 2015/1535).
The General Managementof Agriculture and Rural Development of the European Commission announced on 6 June 2024 that it will examine the issue, now registered with number CPLT(2024)01387. (1)
The non-dangerousness of hemp
WHO, the World Health Organization, already recommended in 2017 that cannabidiol (CBD) should not be an internationally controlled substance. Cannabidiol, one of the 200 compounds in hemp, has no harmful effects on health and its use is not addictive. Indeed, it seems that CBD has therapeutic properties, such as calming spasms during epileptic seizures. (2)
Even the European Court of Justicehas already expressed its opinion on the matter. In fact, a 2020 ruling states that a Member State cannot prohibit the marketing of cannabidiol legally produced in another Member State. In fact, since CBD is not a narcotic product, the limitation of its circulation violates the provisions relating to the free movement of goods (Articles 34 and 36 TFEU). (3)
Provisional conclusions
If the Commissionwill find a violation of European law, you may request the submission of observations to the Italian State within a set deadline. If the answer is not satisfactory, the Commission may adopt a 'reasoned opinion' and, if necessary, submit the matter to the European Court of Justice.
'We want decisions to be made without ideological prejudices, but with the participation of stakeholders and with respect for public health', says Mattia Cusani, president of CSI. (1) Decisions should be made taking into account scientific evidence and the economic opportunities of a sector which, with greater legal certainty, could continue to grow.
Alessandra Mei
Cover image by Julia Teichmann from Pixabay
Footnotes
(1) Italian Hemp Sativa Association. European Commission take charge of the notification requested by the association. 6.6.24 https://www.canapasativaitalia.org/la-commissione-europea-esamina-la-denuncia-di-csi-un-passo-importante-per-la-filiera-della-canapa/
(2) WHO. Cannabidiol. 19.12.2017 https://www.who.int/fr/news-room/questions-and-answers/item/cannabidiol-(compound-of-cannabis)
(3) Judgment of the Court (Fourth Section) of 19 November 2020 https://eur-lex.europa.eu/legal-content/IT/TXT/?uri=CELEX%3A62018CJ0663
Graduated in Law from the University of Bologna, she attended the Master in Food Law at the same University. You participate in the WIISE srl benefit team by dedicating yourself to European and international research and innovation projects.
