Although European legislation seems very clear and despite the fact that recently important and authoritative institutions such as the World Health Organization and the UN have shown openness and willingness to understand and welcome the issue of light cannabis and all derivative products, in Italy the doubts around this topic remain, caused by incomplete legislation, by the link between marijuana and organized crime, by prejudices and erroneous beliefs. As a result, people remain fearful of committing illegal actions when purchasing products that contain components of THC and CBD. Despite everything and, it seems, almost against everyone, legal marijuana has been on the market since 2017, and more and more people are using CBD-based products in their daily lives. As a result, the market for this type of product has expanded enormously in recent times, and the variety has also grown. There are candies, gums, creams, ointments, oils, sprays, drops and of course flowers to smoke. CBD is even found in lubricants for sexual purposes! The answer to the question “is CBD legal in Italy” would therefore seem easy, even superfluous. Unfortunately, however, this is still not the case today. But let’s go in order and try to clarify. We at hempati.com will tell you everything we know, even if things can still be ambiguous. Keep reading!
The law number 242 of 2 December 2016 on industrial hemp follows the European one of 2013 and contains rules for the support and promotion of the cultivation and the hemp supply chain. The same law also establishes that the cultivation of industrial hemp is subject to certain restrictions and benefits from an aid scheme, in particular, for the transformation of hemp intended for the production of fibers. On the other hand, the fiber hemp varieties for which cultivation is authorized must have precise (and very low, at 0.2%) THC rates. The law also establishes that the Member States must control at least 30% of the areas of hemp grown for industrial purposes and that the hemp varieties that exceed the THC threshold of 0.2% must be removed from the lists of those eligible for cultivation.
Then, always the same law, provides a list of possible uses of the product deriving from the cultivation, which are: food and cosmetics, semi-finished products (fibers, powders, wood chips, fuel oil for supplies to industries or artisan products), biomass for energy purposes (for a company’s energy self-production), material intended for green manure or bio-engineering, teaching and research crops, floriculture.
The problem with this law is that the uses that can be made of these derivatives are not named (nor treated) nor are the inflorescences, or the parts that can be smoked. To be commercially available, these inflorescences (or flowers) must have a low THC content. We always talk about THC, so what about CBD?
CBD is the substance present in the cannabis sativa plant which, unlike THC, does not have psychotropic effects and which has a number of properties. CBD has proven useful in combating insomnia and sleep disorders, anxiety, depression, chronic and back pain, sexual disorders. It is even possible to administer it to our dogs for skin irritations, bone pain and aggression. A substance with a thousand merits, which can be used on the skin, through smoke, even by ingesting it. There are not many researches in this regard, but they are growing visibly and are very promising. However this causes, especially in Italy, a difficulty in taking into account its medical uses and in considering it a therapeutic compound, although it is absolutely legal.
Because yes, at the end of the day, we can reveal that CBD, unlike THC, is legal not only in Italy, but also throughout the European Union. Even if there is still a long way to go in recognizing its therapeutic properties, CBD is not illegal because it has no psychotropic effect, is not addictive and does not give dependence. The law we were talking about above, while putting precise limits on THC, for this very reason seems to ignore CBD.
The difference between CBD and THC
Since we have mentioned it several times, let’s dive into the differences between CBD and THC. CBD and THC are the two faces of cannabis sativa. They have very different effects, and laws behave towards them in opposite ways.
Let’s go into a little detail and try to understand. THC, in fact, causes euphoria, alteration of motor skills and increase in sensory perception, mental and muscular relaxation, reduction of inhibitions, alteration of time and space but also dry mouth, increased heart rate, slowed reaction times, cognitive problems, munchies, mood swings, anxiety, depression, mood swings. CBD, on the other hand, causes muscle relaxation, reduction of pain and inflammation, reduction of blood and eye pressure. As you can guess from this list, CBD acts on a bodily level and not on our psyche, except as a relaxant and reducer of anxiety and depression. As with any new substance you put into your body, you’ll want to talk to your doctor first. In fact, CBD, although legal and not causing addiction, can interact with other drugs.
Is smoking CBD legal?
We have established that CBD is absolutely legal in Italy and in Europe and can be taken without restrictions. He’s not even named by law!
When it comes to smoking it, however, things get slightly more… smoky. Table I of the Consolidated Law on the Regulation of Narcotic Drugs (Presidential Decree No. 309 of 9 October 1990) indicates THC as a psychoactive substance, but does not mention CBD and other cannabinoids in any of its parts. Even the aforementioned law, that of 2016, regulates production and processing of hemp and legal marijuana but not the distribution and consumption. Added to this is the fact that legal marijuana flowers are aesthetically and virtually indistinguishable from those of non-legal marijuana, although obviously the effects are very different. Smoking it, therefore, could in any case be considered an offense by the authorities. A strong contradiction, given that these products exist on the market and are easily (and legally) purchasable.
Unfortunately we are unable to give you more precise information. We advise you to tread carefully, and we remind you that you can take CBD in other forms as well. For everything else, see you on the blog!