The Supreme Court of Italy has decided that the country’s current ban on hemp flowers does not allow prosecutors to confiscate the product without first proving it can produce an intoxicating effects.
This ruling is the latest in a long line of decisions that have narrowed the reach of law. It also adds to the constitutional and European challenges which continue to create uncertainty on the hemp flower market of Italy.
In its July judgement No. In July, the Fourth Criminal Section (Judgement No. 25539/2026) of the Supreme court overturned an earlier decision refusing to return hemp products seized even though a prosecutor’s expert had concluded that they were not intoxicating. The court ruled there is no need for a criminal conviction to confiscate products.
Meloni’s War
This decision is a culmination of a number of decisions that have been made since Italy passed the ban in Article 18 of Decree-Law No. 48/2025, which excluded hemp flowers and derivatives thereof from protection under the industrial hemp laws of Italy and subjected narcotics law to many commercial activities.
The move comes amid the government of Giorgia Melons’ two-year campaign to eradicate Italy’s hemp flowers with low THC. The ban was first proposed in the sweeping security legislation of late 2024. Italy implemented the ban in April of 2025, even though producers warned that this measure would effectively wipe out the hemp flower industry due to the fact it treated flowers as narcotics. Legal challenges have been filed by producers, farmers, trade groups and others who claim that the ban is against both Italian Constitutional law and European Union Law.
The courts are increasingly requiring prosecutors to prove that the products seized can actually produce psychotropic effects, rather than solely relying upon their botanical origin.
The challenges are pending
The hemp industry association Canapa Sativa Italia reports that in at least 18 court proceedings, hemp flowers, plants and cultivated fields, as well as various other products, have been ordered to be returned. This includes 730 kilograms worth of seized flower hemp.
This latest decision comes at a time when the ban is still under scrutiny. Three Italian judges referred Article 18 constitutional questions to Italy’s Constitutional Court. In a separate matter, the Court of Justice of the European Union is determining whether Italy’s hemp flower restrictions are in line with EU laws governing hemp types approved under the Common Agricultural Policy. On October 21, a public hearing is planned for one of the constitutional challenges.