Is weed legal in Italy?
With the arrival of summer and the travel season upon us, patients are asking how they can bring their cannabis-based medication into Italy from abroad or take it with them when traveling in Italy or outside of Italy. Or if they can buy and use marijuana, hashish, cannabis light or CBD oil, CBD infusion or in Italy.
The History of Cannabis in Italy
Cannabis has been a staple in Italy’s agricultural landscape since ancient times. Archaeological evidence indicates that Ancient Romans cultivated hemp as early as the Late Pleistocene age, with definitive records dating back to at least 1000 BC. Throughout history, cannabis has been grown in Italy for textile, medicinal, and spiritual purposes without interruption.
In Ancient Rome, the use of cannabis was so prevalent that Pliny the Elder dedicated significant portions of his writings to its cultivation. He detailed the planting of seeds in the spring, the harvesting of buds during the autumn equinox, and the drying process, which utilized wind or smoke. Cannabis remained a vital part of agricultural treatises throughout the rise and fall of the Roman Empire.
Following the fall of Rome, cannabis continued to be widely used in Italy during the era of the merchant republics. Hemp sailcloth was essential for voyages across the Mediterranean. Hemp was the primary material for sails through Italian Unification, only declining in use with the advent of synthetic alternatives.
The global War on Drugs eventually reached Italy, temporarily leading to the rejection of cannabis. Despite this, the Italian populace developed a renewed appreciation for the plant, recognizing its vast medicinal and therapeutic properties.
The Evolution of Cannabis Laws in Italy
Despite the surge of anti-cannabis laws in Europe post-Napoleon’s Egypt conquest, Italy, with its historical connections to the Moors and their hash-smoking traditions, allowed cannabis use throughout the 19th century. In 1887, Dr. Raffaele Valieri was among the pioneering scientists to release studies on the use of cannabis in patients with terminal illnesses.
However, at the First International Opium Conference in 1912, Italy surprised many by advocating for the ban of cannabis alongside opium, citing issues with hashish in its Libyan colonies. This request was honored at the Second International Opium Conference in 1925 but was limited to international trade.
Despite growing opposition to cannabis’s intoxicating components, Italy remained a leading producer and exporter of hemp until the 1950s. A combination of declining domestic production and negative international attitudes towards drugs led to a significant reduction in hemp production for over half a century.
Italy signed the UN Single Convention on Narcotic Drugs in 1961, making cannabis use illegal. In 1980, hemp cultivation was banned, resulting in the loss of many unique Italian cannabis strains developed through centuries of breeding.
This period of complete cannabis prohibition was short-lived. In 1993, Italy controversially decriminalized the possession of “soft drugs” following a national debate on the distinction between “use” and “trafficking” of illegal substances. This move initiated efforts to reintegrate hemp and cannabis into Italy’s regulatory framework.
Is marijuana legal in Italy?
Medical Cannabis in Italy and EU
Travel within Italian Borders
Italian patients traveling domestically face no issues; they simply need to carry the prescription that authorizes their use of Medical cannabis.
Travel within the Schengen Area
For those entering Italy or leaving for a country within the Schengen area where medical cannabis is legal (which includes 27 European countries with abolished internal borders), a form signed by the prescribing doctor is required. This authorization form can be downloaded HERE.
Here you can find information for medical cannabis in France
Travel Outside the Schengen Area
Patients arriving in Italy from non-Schengen countries cannot bring their medication with them. The recommended solution is to consult a prescribing doctor in Italy, providing details of the required cannabis-based medicines. Upon arrival in Italy, they can undergo a medical visit and obtain a prescription.
For Italian patients traveling to non-Schengen countries, there are currently no solutions. It is advisable to contact the Italian consulate in the destination country to verify if entry with medicinal cannabis is possible and what documentation is necessary.
Additionally, a specific document written by the doctor in English, stating the medical use of cannabis, can be attached for clarity.Today in Italy, it is possible to prescribe medical cannabis prepared following precise norms, for the treatment of pain in specific pathologies.
The process to reach the current legislative landscape began in 1990 with the publication of Presidential Decree 309/1990, which compiles laws “on the regulation of narcotics and psychotropic substances, prevention, treatment, and rehabilitation of related states of drug addiction.” In reality, the Decree includes all narcotics but is considered the starting point for subsequent laws regarding Medical cannabis.
According to the Ministry of Health’s website, it is from 2006 that Italian doctors can prescribe “magistral preparations, to be prepared by the pharmacist in the pharmacy,” using a plant-based substance derived from the cannabis inflorescences, which can be taken as a decoction, inhalation, or vaporization.
Since 2013, it is possible to prescribe SativexR, based on cannabis extracts: its active ingredient is a plant preparation made of cannabidiol (CBD) and delta-9-tetrahydrocannabinol (THC).
However, the reference norm for the use of Medical cannabis is represented by the Ministerial Decree of November 9, 2015, which regulates the use and administration of the substance. The Decree “authorizes the cultivation of cannabis plants to be used for the production of plant-based medicines, substances, and preparations.”
Furthermore, the Ministry specifies the cases in which Medical cannabis can be prescribed, ranging from conditions with spasticity associated with pain (such as multiple sclerosis), to glaucoma resistant to conventional therapies, and Gilles de la Tourette syndrome, which causes involuntary body movements.
Cannabis can also serve as an analgesic “in chronic pain (with particular reference to neurogenic pain) where treatment with non-steroidal anti-inflammatory drugs or corticosteroids or opioids has proven ineffective” and also as an antidote to the effects of chemotherapy, radiotherapy, and HIV therapies. Additionally, the Decree incorporates the Di Bella law of 1998, which regulates the prescription methods of “magistral preparations” based on Medical cannabis by doctors.
Since 2014, a pilot project for the national production of plant-based substances and preparations based on cannabis has been launched, aiming to make the substance more controlled. Since 2016, FM2 cannabis, containing 5 to 8% THC and 7.5 to 12% CBD, has been available in Italy: it is the first active substance based on cannabis, produced according to European norms and based on a controlled process. Since 2018, FM1 cannabis has also been available, containing 13 to 20% THC and less than 1% CBD.
The Italian government has published a circular from the Ministry of Health stating that the regulatory framework for Medical cannabis excludes the possibilities of:
- Preparation of ‘officinal formulas’ based on cannabis
- Preparation of pharmaceutical forms and routes of administration other than those indicated in the 2015 ministerial decree.
Resins such as hashish, marijuana, and oils (oleoresins) are included in Table II annexed to DPR 309/90 and not in the table of medicines.
To date, in Italy, it is therefore possible to use Medical cannabis, under medical prescription and according to specific rules.
Where to buy Medical cannabis
Medical cannabis is purchased exclusively in pharmacies, always and only with a medical prescription.
It is important to make a clear distinction: the abundance of cannabis stores selling products labeled as “light cannabis” should not be confused with cannabis-based medicines. Cannabis stores offer products with CBD and a legally limited amount of THC to 0.2%, which can be purchased without the need for a medical prescription. These are preparations like light cannabis, oils, or teas, intended to promote a sense of calm and relaxation rather than to provide specific therapeutic benefits.
When can be prescribed Medical cannabis
According to the Ministry of Health’s guidelines, cannabis can be prescribed in the following circumstances:
- As an analgesic for conditions causing spasticity and pain, such as multiple sclerosis, where conventional therapies have proven ineffective;
- As an analgesic for chronic pain, “where treatment with non-steroidal anti-inflammatory drugs or corticosteroids or opioids has proven ineffective”
- As a remedy for nausea and vomiting caused by chemotherapy, radiotherapy, and HIV therapies, which cannot be treated with traditional methods;
- To stimulate appetite in anorexia, cancer patients, or AIDS patients, when the stimulating effect cannot be obtained with standard treatments;
- To stimulate the hypotensive effect in glaucoma resistant to other therapies;
- To reduce involuntary movements in Gilles de la Tourette syndrome.
In addition to the indications reported in the 2015 Ministerial Decree, Medical Cannabis in Italy can always be prescribed for a fee (on a white prescription) for any pathology on which there is accredited scientific documentation, when conventional therapies have not produced the expected results or have generated drug resistance, in accordance with the Di Bella Law No. 94/98.
How medical cannabis prescription happens
As anticipated, the first phase is a medical consultation to verify the patient’s suitability for the cannabis treatment path. On this occasion, the specialist evaluates the person’s general health through medical documentation, such as reports from previous visits and tests.
In some cases, when the family doctor directs towards cannabis treatments, this step can be integrated with an anamnesis certificate, a report that allows the specialist to immediately have an overview of the patient’s health status regarding pathologies, ongoing or past pharmacological treatments, and anything else that may be useful.
After the anamnesis screening, a personalized therapeutic proposal is developed, and at that moment the doctor issues the medical prescription.
Is THC legal in Italy? Know Weed Users’ Rights ,cannabis laws in italy
Is weed legal in italy for tourists?
Is weed personal use a crime? No. Only administrative sanctions imposed by the Prefect of the consumer’s place of residence are provided.
What distinguishes possession for personal use from possession for trafficking?
The law does not clearly distinguish between use and trafficking. Judges and law enforcement base their decisions on various factors: the quantity of the substance and its active ingredient (THC), the presence of knives or cutting tools, precision scales, packaging materials (like cling film), and unexplained cash.
Simply possessing a large quantity does not imply trafficking. Italy weed laws personal use generally involves THC levels not exceeding 1 – 1.5 grams, which translates to about 10-15 grams of hashish or marijuana with around 10% THC. However, these amounts can vary by court and the income of the possessor, as higher-income individuals might afford more for personal use.
What are the criminal penalties for possessing light drugs for trafficking?
Under the Narcotics Consolidated Law (DPR 309/1990), possessing light drugs with the intent to distribute is punishable by 2 to 6 years of imprisonment, while possessing heavy drugs with the same intent carries an 8 to 20-year sentence.
What are the penalties for minor possession of light drugs?
For minor possession, the italy weed laws does not differentiate based on the type of substance. Penalties range from 6 months to 4 years of imprisonment. Minor possession is recognized when the offense is occasional, involves small quantities (up to 50/100 grams of hashish, varying by court), and is non-professional or rudimentary, involving small exchanges, etc.
What is the administrative procedure for light drug users?
If personal use is contested, the individual is summoned to an interview at their local Prefecture. Minors must have their parents present. Outcomes can include a warning or the suspension of documents (license, passport, etc.) for 1 to 3 months.
What happens after the Prefect’s summons?
In addition to the Prefecture interview, the user will be summoned to the Ser.d for an informational meeting. This is optional, but participating in an educational program (for light drugs) or therapeutic treatment (for heavy drugs) can result in sanction revocation. However, the Ser.d summons usually occurs after sanctions have been served, making the revocation formal and not beneficial.
What happens if light drugs are found in possession?
Police can conduct searches if there is a reasonable suspicion of finding drugs. They do not need prior authorization but must seek validation from the Public Prosecutor within 48 hours. The user should immediately declare the substance is for personal use. If we speak about the small amount of cannabis amount, it should be stated as a reasonable stock for personal use.
What rights does a user have during a search or inspection?
During searches, users have the right to have a lawyer or trusted person present. If the agents proceed without waiting, users should monitor the search and check the search report before signing. Reports should reflect the actual proceedings; if not, do not sign. Agents must respect personal dignity and privacy, and only female officers can search women.
How can users avoid weed in italy trafficking accusations?
Users should cooperate, voluntarily hand over substances and related materials (papers, chillum, etc.), and declare the substance is for personal use. Possession of divided substances, scales, knives, and packaging materials are indicators of trafficking.
Will users be informed if charged with trafficking or just administrative possession?
After control operations, if trafficking is not suspected, users receive a report contesting the violation of Art. 75 DPR 309/1990. If trafficking is suspected, users may be arrested or reported and receive a domicile election report (Art. 161 Criminal Procedure Code), advising them to appoint a lawyer and indicate where they will receive legal documents.
Is it a crime to share a joint with a friend or buy cannabis for a group?
Currently, offering cannabis is a criminal offense, so sharing a joint or buying cannabis for others is illegal. In such cases, users should declare the purchase was agreed upon for group use. However, proving group use almost always results in a criminal procedure. Group use, a judicial concept, involves people jointly purchasing cannabis for personal use, potentially reducing the charge to an administrative offense rather than a criminal one.
Is growing marijuana a crime even for personal use?
Yes, growing even a single plant for personal use is a crime if it contains any THC. Possession of seeds or THC-free plants is not punishable. After the 1993 referendum, some actions related to personal use (like possession, import/export) were decriminalized, but production, including cultivation, remains punishable.
Are legally cultivable hemp plants in Italy?
Yes. Cannabis Sativa l or hemp can be grown, provided the plants and seeds used are listed under european union Art. 17 of Directive CE No. 53 of 2002. The THC content of the legally grown plants must be between 0.2 but less than 0.6. Cultivation cannot be for personal consumption but must be for approved purposes like food, cosmetics, biodegradable materials, building materials etc.
What products can be derived from legally cultivated hemp?
Under law 242/2016, products can include food and cosmetics (complying with respective regulations), semi-finished products (fibers, powders, oils), materials for green manure, bioengineering, and bioremediation, among others.
Is therapeutic use of cannabinoid-based medicines legal?
Yes. In Italy, therapeutic use of magistral preparations containing cannabinoids is permitted with a non-repeatable prescription from any doctor. Self-produced or law 242/2016-compliant inflorescences cannot be used therapeutically.
Can a Cannabis Social Club be formed for group consumption and cultivation?
No. Currently, Cannabis Social Clubs, like those in Spain and Belgium, are not permitted in Italy. These clubs, formed by adult cannabis users for non-profit cultivation and consumption, are not legal in Italy. However, associations promoting cannabis research and debate are allowed.
What happens if caught driving under the influence of drugs or involved in an accident?
Article 187 of the Highway Code provides penalties such as fines, arrest, vehicle confiscation, and license suspension. Refusal to undergo testing results in the same penalties as a positive test. Causing an accident under the influence results in doubled penalties and license revocation. For professional drivers, this can lead to dismissal.
How is drug impairment determined?
Article 187 of the Highway Code punishes driving under the influence of drugs. Unlike alcohol, there is no legal active ingredient limit for drugs. Positive results without evidence of impairment can lead to acquittal, especially for substances with long detection times like marijuana.
What happens if not driving but found with a vehicle during a check?
If in possession of a vehicle, the license is withdrawn for up to 30 days, and if it’s a moped, it can be impounded. If driving, penalties from question 18 apply.
Is CBD legal in Italy?
Yes, CBD can be considered legal in Italy. CBD products in Italy must simply contain less than 0.2% THC. Italy is considered a CBD-friendly country for tourist that want to buy CBD oil, CBD skincare or cannabis light.
Can I buy cannabis light?
Currently you can find and buy cannabis light in cannabis store located near you.
Update on CBD Regulations in Italy
Inclusion of CBD in Narcotic List
On August 7, 2023, the Ministry of Health issued a decree that came into effect on September 20, 2023, categorizing ingestible CBD as a narcotic and psychotropic substance. As a result, the sale of CBD products for ingestion without a prescription became illegal.
Suspension of the Decree
However, on October 24, 2023, the Administrative Judge (TAR Lazio) suspended the decree, ruling that CBD is not a psychoactive substance and should not be classified as a narcotic. This suspension allowed the legal sale of ingestible CBD products to resume in Italy, thereby reaffirming the legality of light cannabis products.
On July 6, 2024, the Ministry of Health issued a new decree that came into effect on August 5, 2024, suspending the old decree (August 7, 2023). Now the Cabbias association are recurring again to Administrative Judge (TAR Lazio) asking for a new suspension of the current decree.
The situation concerning CBD and CBD products like CBD oil remain unclear hoping for no concrete and positive developments for CBD Italian market.
Does Italy have adult-use cannabis?
No, Italy has not legalized adult-use cannabis, though it will likely be one of the first European countries to do so. The EU continues to make it difficult for individual member nations to establish adult-use cannabis industries, but in Germany now adult-use cannabis has been legal since April 1. However, there are several restrictions to be aware of:
Weed adult-use in Germany
Who Can Smoke: You must be at least 18 years old to possess or grow cannabis.
What You Can Possess
- You can have up to 25 grams of cannabis on you and 50 grams at home.
- You can grow up to 3 plants at home. This limit is per person, not per household. You cannot sell the cannabis you grow.
- You cannot give the cannabis you grow to others, even for free.
Where You Can Smoke: You cannot smoke around people under 18 years old. You cannot smoke in pedestrian zones between 7:00 and 20:00. You cannot smoke within sight of schools, kindergartens, playgrounds, sports facilities, and cannabis clubs. You can smoke if you are out of sight of the entrances or more than 100 meters away.
Purchasing Cannabis
Currently, there is no way to buy weed from cannabis stores. You must grow it yourself or join a cannabis club.
Cannabis Clubs
To obtain weed you must join a cannabis club. Here are the rules:
- You must become a member of a cannabis club to get cannabis.
- You can only be a member of one cannabis club.
- Clubs are non-profit organizations and need permission to operate.
- Clubs can have up to 500 members.
- Clubs can provide members with up to 25 grams of cannabis per day or 50 grams per month.
- Members under 22 years old can receive up to 30 grams of cannabis per month.
- You cannot share cannabis from the clubs with others.
- Clubs can only sell cannabis flowers, not cannabis products.
- Clubs cannot ship or deliver cannabis.
- Clubs cannot advertise or sponsor.
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