Landmark EU Court ruling on cannabis

Member States may not impose restrictions on the cultivation of industrial hemp, including indoor propagation of plants and cultivation aimed solely at the production of inflorescences.

On 4 October 2024, the Court of Justice of the European Union issued its judgment in Case C-793/22, which finally clarified the EU's position on the cultivation and marketing of industrial hemp. The Court ruled that Member States may not impose restrictions on the cultivation of industrial hemp, including indoor propagation of plants and cultivation aimed solely at the production of inflorescences , unless such restrictions are supported by specific scientific evidence relating to the protection of public health.

The operative part emphasizes that industrial hemp inflorescences do not pose a risk to public health and that any restrictions must be proportionate and based on concrete evidence.

Restrictions are only permitted if there is convincing scientific evidence demonstrating a specific risk to public health. Restrictions that are unfounded or based on assumptions are not in line with EU law.

The EU Court's ruling confirms that indoor cultivation of industrial hemp is legal and cannot be banned without sound scientific justification, thereby encouraging the development of innovative agricultural technologies.

This decision updates the regulatory framework by making it clear that inflorescences of industrial hemp can circulate freely within the European Union , so it is not possible to say that cannabidiol or inflorescences of industrial plant varieties are separate factors that can be considered for the purposes of trade restrictions.

The consequences of this decision on the example of Italy

In Italy, Article 18 of the “Security Law” prohibits the sale of industrial hemp inflorescences. In light of the ruling of the European Court of Justice, such a change contradicts the above-mentioned position of the EU Court. That is why, immediately after the publication of the ruling of the European Court of Justice, specialized public organizations in Italy will contact the relevant government agencies with a request to review Article 18 of the “Security Law” and formulate it in accordance with the requirements of pan-European legislation.

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