Italy’s hemp industry must wait longer for legal certainty. Rome’s Constitutional Court has postponed the hearing on the hemp flower ban from October 21, 2026 to February 9, 2027. The reason is procedural: the judges want to decide three referrals from Brindisi, Trani, and Brescia together.
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Italy’s Hemp Flower Ban: What the Constitutional Court Postponed
The case concerns Article 18 of Legislative Decree 48/2025, known as the security decree, which remained permanently in force through Law 80/2025. Since 2025, this provision has prohibited the import, processing, possession, distribution, and sale of hemp flowers. It also covers extracts, resins, and oils derived from the flowers. The ban applies regardless of whether the product has any psychoactive properties.
According to industry association Canapa Sativa Italia, the court notified the defense attorneys of the new schedule in writing. On January 25, 2027, the chamber will first decide which third parties may participate in the proceedings. The substantive hearing follows on February 9, 2027. The deadline for joining the most recent Brescia proceedings remains unaffected, ending on October 6, 2026.
Three Courts Question Article 18 of the Security Decree
The process began with an investigating judge in Brindisi. In late 2024, the financial police there seized two trucks carrying certified hemp from Bulgaria, and the prosecutor sought destruction of the cargo. The judge suspended proceedings and referred the regulation to the Constitutional Court. The Trani court followed, and in July 2026, Brescia joined. Its referral order was published in the official gazette on September 16.
The objections are similar. The courts doubt whether the urgency required for an emergency decree actually existed. They also criticize a violation of the offensivity principle, which requires that a penalty address genuinely harmful conduct. Additional concerns include proportionality, entrepreneurial freedom, and consistency with European law. This means the entire construction of the ban—not just a detail—is under review.
What the Postponement Means for Retailers and Producers
For businesses, the legal situation initially remains unchanged. Article 18 continues to apply, and controls and seizures remain possible. However, association president Mattia Cusani emphasizes that companies can continue to exercise their rights as long as the regulation is not upheld. This interpretation is supported by criminal courts. As we reported in August, Italy’s Court of Cassation limited the seizure of hemp flowers and requires proof of psychoactive effects on a case-by-case basis.
Since then, courts in Latina, Velletri, Vicenza, Imperia, and Ascoli Piceno have ordered the return of seized goods. A simple quick test was not sufficient for them when invoices, analyses, and certificates of origin existed. In our view, the postponement primarily extends an uncertain legal state. The ban regularly fails in individual cases but remains as a threat. This is not something any business can plan around, and nearly four more months is a long time for a perishable agricultural product.
The European Court of Justice Reviews in Parallel
Rome is not the only arena. The Italian Council of State has referred to the European Court of Justice in case C-716/25 the question of whether a national flower ban is compatible with free movement of goods for industrial hemp. Further Council of State referrals concern natural CBD for oral use. An answer from Luxembourg would extend beyond Italy. It is also relevant for Austria, where the EU has not yet considered the flower ban a violation of law.
The case fits into a European trend in which national courts increasingly question the classification of industrial hemp themselves. In Ireland, for example, the High Court is examining whether industrial hemp should remain a controlled substance. At the same time, Athens points in the opposite direction, as Greece is further restricting the CBD market. Until Luxembourg decides, the internal market for hemp flowers remains a patchwork.
Frequently Asked Questions
Are hemp flowers currently banned in Italy?
Yes. Article 18 of the security decree has banned trading in hemp flowers and products derived from them since 2025. The postponement does not lift the ban. However, criminal courts require proof that the product can have psychoactive effects before seizure.
When will Italy’s Constitutional Court decide on the hemp flower ban?
The substantive hearing is scheduled for February 9, 2027. On January 25, 2027, the court will first discuss the admission of parties to the proceedings. A ruling is typically published only several weeks after the hearing.
Why was the date postponed?
The court wants to handle three referrals together. In addition to proceedings from Brindisi and Trani, a further referral from the Brescia court was added in July 2026. The postponement reveals no substantive indication of the court’s tendency.
What role does the European Court of Justice play?
The European Court of Justice is examining in case C-716/25 whether the Italian ban violates free movement of goods for industrial hemp. Its answer will bind Italian courts and would have signaling effects for other member states with flower bans.
Sources: Canapa Sativa Italia (postponement notice), Spazio Canapa, Soft Secrets Italia, Newsweed, Gazzetta Ufficiale (Tribunale di Brescia referral order, ordinance register 135/2026), Corte di Cassazione, ruling 25539/2026.
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