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Why Is It Taking So Long To Legalize Cannabis Cultivation In Italy?

Formal talks to explore legalizing cannabis home cultivation nationwide in Italy are officially underway. Per Corriere delle Alpi as of last week (auto-translated to English), “The general discussion on the cultivation, sale and consumption of cannabis and its derivatives begins in the Chamber.”

Before cannabis enthusiasts and advocates around the world get too excited, it’s probably worth noting that what will unfold in Italy will likely be a long process, which if that does indeed prove to be the case, will be unfortunate. Cannabis prohibition policies as they pertain to home cultivation and any other facet of cannabis consumption, possession, and distribution are failed public policies. That is true both within Italy and everywhere else that prohibition exists.

With that in mind, lawmakers in Italy need to get on the right side of history and end prohibition. That’s an opinion that is not only shared by cannabis enthusiasts inside and outside of Italy, but also within judicial circles in Italy, including at the highest level (no pun intended).

Landmark Supreme Court Decision

In 2019 Italy’s Supreme Court issued a landmark ruling in which it struck down cannabis prohibition as it pertained to personal cannabis cultivation. The Court’s decision was fairly brief, being only one page in length, and containing the words, “at home, small-scale cultivation activities are to be considered excluded from the application of the penal code.”

At the time, the decision was hailed across the globe, and rightfully so. However, since the decision was rendered lawmakers have failed to pass a measure to codify the Court’s decision, as the decision left many unanswered questions, not the least of which is ‘what constitutes small-scale cultivation?’

The specific case that Italy’s Supreme Court reviewed and rendered a decision on back in 2019 involved an individual cultivating 2 plants. Does that mean that there should be a two-plant limit in Italy? More plants? Does the space in which the cannabis is being cultivated matter? Can the plants be cultivated in public view, such as on a balcony or in a backyard surrounded by balconies on neighboring properties? The Court’s decision was favorable, however, it’s up to lawmakers to firm it up and fill in the blanks.

Recent Referendum Sends A Clear Message

In 2021 activists in Italy made the most of a new provision for gathering signatures for referendums, gathering hundreds of thousands of signatures electronically in mere weeks in order to put cannabis legalization before the nation’s voters. The speed at which the signature-gathering effort reached its 600k+ goal was inspiring and spoke volumes about how much voters in Italy want to see an end to cannabis prohibition.

Unfortunately, despite gathering the necessary signatures, the referendum effort was blocked essentially at the last step of the process by Italy’s Supreme Court, which deemed the referendum measure to be unconstitutional. Once again, Italy’s Supreme Court put the issue squarely on national lawmakers.

How long the process will take to end cannabis prohibition in Italy, both for home cultivation and beyond, is anyone’s guess at this point. Activists have tried for a long time to get Italy on the right side of history and it has been slow going (not for a lack of effort!). With that being said, the domestic process to legalize home cultivation in Italy is not happening in a vacuum.

While Italian lawmakers continue to drag their feet several other countries in Europe and around the world are working towards not only legalizing home cultivation but also creating legal adult-use industries. As momentum continues to build outside of Italy, especially on the European continent, it will continue to add to the pressure directed at Italian lawmakers within Italy’s borders.

Italian Ministry Of Défense Publishes Pre-Bid Call For New Cannabis Cultivation Companies

The Ministry is trying to identify qualified cultivators to cultivate in Florence

The Ministry of Defense has just published an “expression of interest” to identify companies that are able and qualified to grow medical cannabis plants. The call was designed to increase production for domestic use with the aim of achieving self-sufficiency from a medical perspective.

A technical department has been set up to begin this definitive start to call for new tenders for medical cultivation. The direct link can be found here.

Qualifications are broken into four sections – with the first qualification being GMP certification.

  • Qualitative selection of candidates
  • Technical inspection
  • Confirmation of expression of interest
  • Invitations to apply (which is restricted)

Both existing farms and freelancers registered with the Chamber of Commerce, or the competent professional associations will be considered, providing that they have the right experience as well as an in-depth understanding of the current legislation. A valid insurance policy of at least 10 million euros will also be required.

The due date is June 27.

The Domestic Security Argument

The Italian decision to increase the domestic production of cannabis (by highly limited tender bid) certainly comes at an interesting time, particularly given pending recreational reform just across the border with Germany. While ostensibly just for domestic consumption, it is unclear if Italy wants to also position itself as a major exporter as other markets come online – particularly those like Luxembourg where for now, the only cannabis cultivation that is going to be allowed in the short term is home grow.

Beyond this, the moves seem to be the first in Europe where authorities consider cannabis so valuable that they are specifically setting up cultivation to meet so far unmet domestic supply – and further as a self-identity national security issue.

Just across the border in Germany, the three cultivators who won the first bid were deliberately instructed to grow far less than would be obviously needed. This is why the ex-im market aus Deutschland is so dynamic, not to mention important.

That said, this may mark a turning point for the discussion, not just in Italy, but across Europe. Supply chain security for both food and medicine has become a much hotter topic post Pandemic, with convoluted supply chains and a re-examination of national policies in shoring up as much domestic production as possible.

It is also, of course, a tacit admission of the huge job creation potential of the sector.

The Italians, in other words, are not just releasing a domestic agricultural tender. They might well be on the edge of a coming, new, and much overdue green flood that seems poised to take over Europe.

Sardinia Begins Regulated Hemp Production To Remediate Polluted Land

Italy’s second-largest island has passed a measure to create a regulated hemp market to help clean up the environment

A new law designed to increase phytoremediation of polluted land may well put hemp production on steroids on Italy’s second-largest island – Sardinia. The measure, which passed by unanimous vote on the island, regulates the entire supply chain – from farm to processing.

About 600 hectares (1,500 acres) of hemp were planted in 2019 – the last year such data is available. However, there has been a concerted push to cultivate more hemp – either from first-time farmers or those who want to convert existing agricultural operations to farm the same which has driven the measure politically.

The island’s governing council said that the old unclear laws and regulations were stifling this sector of the economy on the island.

Controlling Production Seed to Sale

What is interesting about this development is that the new law differs from Italy’s national law on hemp production because it imposes an obligation to report cultivation. This is intended to create a way of controlling and tracking what is produced here. The island will maintain a database to monitor cultivation and the intended use of such crops which will also be shared with the police.

The Great Italian Cannabis Question

Italy has subsided from the cannabis reform limelight somewhat over the past several years. Undoubtedly this is partially thanks to Covid. However, it is not the only reason. Indeed, at the beginning of just this year, the highest court in the country squashed a petition effort to hold a referendum on the legalization of recreational use.

However, Italy is far from out of the game. Medical cannabis is produced in the country and there is limited medical reform. Beyond that, hemp and CBD products continue to be popular here. Italy is also head of most European countries in that, like Malta, albeit via court case rather than legislation, patients can grow their own if they cannot access it elsewhere.

How the country will proceed post-pandemic is an open question. It is clear that reform here has not gone underground. It will just take a concerted political push to get the country’s national politicians to move forward on a recreational discussion.

In the meantime, regions like Sardinia are proceeding as best they can. Hemp production for environmental remediation is an increasingly popular, non-controversial way to proceed, although this project seems to be the first in Europe to specifically focus on the environmental benefits of growing hemp.

It won’t be the last.

Milan’s City Council Calls For Cannabis Legalization In Italy

Italy is home to one of the most inspiring cannabis activism efforts of all time. Last year activists in Italy gathered enough signatures to put national legalization before voters. Over 630,000 signatures were gathered in just a matter of weeks.

The signatures were gathered so quickly and abundantly due to a change in the referendum process in Italy in which signatures can now be gathered digitally. Being that the signatures were gathered digitally, I was personally worried at the time that not enough of them would be deemed valid during the validation process.

I have worked on signature-gathering campaigns for cannabis reform efforts in the past, and the validation rate can vary widely, with signatures gathered digitally being particularly ripe for a large invalidation rate. The effort in Italy required 500,000 valid signatures, and eventually, it was determined that there were indeed enough valid signatures in the overall signature count.

Unfortunately, the referendum effort later hit a dead end when Italy’s Constitutional Court prevented the measure from moving forward based on a technicality. Polling seemed to indicate that the measure would have passed overwhelmingly, which combined with how fast the valid signatures piled up, clearly demonstrates that support for legalization in Italy is significant.

The referendum effort may have never reached voters, however, it has increased the pressure on lawmakers in Italy to step up and pass a legalization measure. Now Milan’s City Council is calling for national legalization, which will only further build on that pressure. Per La Repubblica(translated to English):

The City Council of Milan is asking to legalize the use of cannabis and is calling on the government to approve a law that goes in this direction. The hall of Palazzo Marino has in fact approved the agenda promoted by the leader of the Democratic Party, Filippo Barberis, shared by most of the majority and also voted by the leader of Forza Italia, Alessandro De Chirico.

In the document, the classroom asks the mayor and the council “to take action with the Parliament and in all appropriate fora to support the need to approve a bill on the legalization of the production and consumption of cannabis and its derivatives” and to “reinvest the revenues deriving from the legalization of cannabis in training, prevention and harm reduction policies “, as happens in countries where this substance is already legalized. According to the agenda, the legalization of cannabis “would bring various economic and social benefits, such as a very important damage to the mafia economy, an increase in GDP and a consequent increase in revenues for public finances,”

In addition to the referendum effort in Italy, the nation’s Supreme Court ruled back in 2019 that personal cannabis cultivation was legal. The landmark decision created many questions, not the least of which is ‘what constitutes a personal amount of cannabis,’ yet it also largely tasked Italy’s lawmakers with answering those questions via legalization legislation.

All the while, cannabis legalization is on the move across Europe. Malta legalized cannabis for adult use late last year, and several European countries are ramping up legalization pilot programs. Germany, which is the biggest domino on the continent, is trending towards legalization. All of this puts pressure on Italy to legalize, which will hopefully happen sooner rather than later.

Italian Supreme Court Nixes Constitutional Mandate On Cannabis

In a blow to forward reform in Italy, the Supreme Court blocks request to hold a referendum on the legalization of cannabis cultivation

Cannabis reform may be coming to Europe in ever more advanced ways, but it still does not mean that the forces against it are giving way en masse. Indeed, in every European country so far, reform has been wrought, painfully, and mostly first by legal challenge.

This is now clearly the case in Italy where the country’s top legal authority just nixed the possibility of a voter referendum to legalize the growing of cannabis. The proposal sought to legalize home grow for personal use and reduce sanctions for other “crimes” including decriminalization and eliminating prison time for those selling small amounts of the drug.

The move has prompted a fierce response from pro-legalization advocates who say that this refusal is an attack on constitutional freedom and liberty inherent in a democracy. Hundreds of thousands of Italians signed the proposal. The court claims that the referendum included other narcotics that are considered to be hard drugs that could not be liberalized. 

What Is Likely to Happen Next?

There are two likely outcomes. The first is that a new referendum will be launched that only includes cannabis. This should not be all that hard to do in an environment where it is obvious to Italians that cannabis reform is afoot across Europe (if not globally). 

Then of course there is the other option – a lawsuit on behalf of a patient recently caught growing and selling small amounts. 

In this environment, both could happen. Further, given the fact that European level courts have still not ruled in favour of this kind of reform, it is a potent target.

The Italian Conundrum

The problem right now in Italy is that cannabis reform is in a bit of a grey space. Regulated cannabis firms are allowed to cultivate cannabis, as are individuals. However, when it comes to the transaction of nonregulated cannabis, those who want to see this proceed are likely to find themselves pitted against the “industry.” Not to mention consumers who want to be able to buy and consume safe cannabis.

That said, what the failure of this referendum may also do is galvanize the Italian government to create a fully regulated recreational market. Particularly post Covid, it is a rare government globally which is not looking for tax revenue just about anywhere it can get it.

Be sure to book your tickets to the International Cannabis Business Conference when it returns to Barcelona, Berlin, and Zurich in 2022!

Italy Struggles To Set Regulations For Home Grow

The European country is struggling to create regulations and guidelines for home grow after Italy’s top court decriminalized cannabis in late December 2019

In a sign that Covid might have slowed but cannot indefinitely delay the progress of cannabis legalization across the continent, and even in some of its most conservative countries, a committee of the Italian Senate (the Justice Committee of the Chamber of Deputies) has voted to allow Italians the right to grow up to four cannabis plants at home.

This move comes “only” 21 months after the Court of Cessation, the equivalent of the Supreme Court, ruled that the “crime” of cultivating narcotic drugs should be changed to allow small amounts of the plant grown at home and for the exclusive use of the grower. While the delay absolutely had to do, partly, with Covid, not every politician is copacetic about this kind of cannabis reform. Indeed, right-wing League Party leader and former interior minister Matteo Salvini stands fastly opposed to the idea. “Drugs cause harm, forget about growing them or buying them in shops” he said in a statement issued shortly after Italian lawmakers signalled their intent to let this legislation progress for both amendments and the full consideration of the 630 deputies in plenary session.

How Popular Is the Idea of Home grow In Europe?

Home grow is a perennially sticky wicket just about everywhere the regulated if not medical cannabis industry has begun to cultivate if not distribute. In Canada and the United States, such enterprises seeded the basis for the industry to begin. It is not a right, however, that can exist unimpeded by some kind of regulation, even in Canada, where regulators are concerned now about such cannabis entering the commercial market.

In Europe, these issues have not been widely legislated, although it is clear that Italy is leading the fight on this aspect of reform. It is also not likely to be the last country where this right is won by patients, and in court.

The Impact on The German Discussion

Within the German cannabis industry there is a great deal of discussion about how the upcoming elections might change the state of cannabis reform in the country. With several countries all around Deutschland now clearly moving forward on more progressive reform, beyond this development in Italy, it is likely that some kind of progress is in the offing.

What that will look like, however, particularly in the aftermath of patient lawsuits not only for access but cultivation, is anyone’s guess.

Stay tuned. The worm is certainly turning.

The International Cannabis Business Conference is back! Stay tuned for upcoming news and developments.

Italian Health Ministry Reverses Course On CBD “Narcotic”

If you are confused about the state of regulation in the EU, don’t feel bad. Everyone is as the rules and regulations do a few 360’s in public in Italy over the course of mere days

As frustrating as the drama is in the EU over the classification of cannabinoids, notably CBD, as a “narcotic,” the soap opera unfolding in Italy in the last few days is almost a welcome bit of humour. Call it the Spaghetti Western of cannabis reform, with a focus on the spaghetti side.

A Brief Timeline of the Canna-Flavoured Dolce Vita Afoot

For those who are confused, here is the brief timeline of events. The humour is clearly seen by reviewing it backwards.

On October 30 last week, the Ministry of Health officially declared that CBD is not a narcotic. 

A mere two days before, the same agency suspended the decree in force previously, with the stated intent of studying whether higher concentrations of CBD impact its supposed “narcotic” effect. Given what went down two days later, it seems the Italians can be efficient at some “studies” when they want to be.

And a mere five days before that, the Ministry of Health had outlawed CBD for the commercial market, singing a song out of the European Commission’s hymn book. But also effectively killing the very same “Cannabis Lite” industry that has continued to flourish in hard Pandemic hit Italy. 

Oops. Funny about that.

The Pharmaceutical Conversation Is Confusing A lot Of The Debate

Here is the first thing to understand. Beyond any muddles about scientific evidence proving efficacy, established pharmaceutical company lobbyists have done their jobs well. Namely confuse the situation, and for their benefit.

Here is one of the biggest culprits.

GW Pharmaceuticals, based in the UK, has sold the story to European regulators that one of its drugs, Epidiolex, is a “narcotic.” Naturally, calling a CBD extract mixed with berry flavoured syrup as such, justified the high price tag along with the exclusion of similar, perhaps more effective tinctures from reaching British patients (see Billy Caldwell). Not to mention a whole bunch of European ones.

Theresa May’s husband would not be so interested in holding the majority of shares of any company that failed to meet earnings expectations after all.

However, the well-placed political shareholders of GW Pharma are not the only reason this conversation has continued to stay so stupid for so long. Many regulators really do not understand the differences between cannabinoids. Much less have apparently ever been exposed to a patient who consumes THC on a regular basis and does not live life on a couch. And by this point, that fault lies in the stars of the cannabis industry itself.

At least in Italy, the Health Ministry did not put off the CBD discussion, much like what happened also last week just across the border in Germany. Not to mention Emmanuel Macron’s continued politically expedient contortions in France. 

That all of this confusion occurred almost simultaneously to what was happening as France accedes to medical utility and German Bundestag failed to move forward on a recreational cannabis reform bill while bemoaning how outdated Prohibition has become, demonstrates clearly how much the entire debate is in flux across the continent. And further, on the totality of the plant itself – not just the parsing of cannabinoids. 

It also clearly signals that the entire conversation is also ramping up a notch across Europe. No matter the short term mixed signaling going on even within the same federal agencies of countries, let alone at the Parliamentary level and certainly across borders.

Big things are happening in Europe on the cannabis front. Be sure to book your tickets to the next International Cannabis Business Conference, landing in Europe again, post-Covid, in 2021.

Italy’s Supreme Court: Cannabis Cultivation For Personal Use Is Legal

Italy’s Supreme Court has ruled that cultivating cannabis for personal use is not illegal. Italy’s current cannabis prohibition policies were first enacted in the 1990s.

In its ruling, Italy’s Court determined that the crime of cultivating cannabis should exclude “small amounts grown domestically for the exclusive use of the grower.” Per Independent:

The court’s logic behind the decision has not yet been made public and a thorough, in-depth ruling will not be released for weeks or even months.

As such, it is not clear what quantity of cannabis constitutes “small-scale cultivation”, but the ruling comes from a case where the offender possessed two plants.

The court decision established case law that is in favor of cannabis consumers that wish to cultivate their own cannabis for personal use, however, a lot of dust is still in the air regarding the court’s decision.

Before people start cultivating cannabis in their areas of Italy, it would be wise for them to contact local law enforcement agencies to see how cultivation laws will be enforced. Just because a court decision was rendered does not mean that arrests will instantly stop.

It’s quite possible that law enforcement could still bust people and make them pursue legal remedies in order to get charges dropped, which puts a huge burden on the alleged cultivator.

What ultimately needs to happen is lawmakers in Italy need to pass legislation that makes it abundantly clear what is legal and what is not, including plant cultivation limits.

The decision in Italy follows a similar court decision in Mexico from late 2018 in which Mexico’s Supreme Court ruled cannabis prohibition was unconstitutional and tasked lawmakers in Mexico with passing legislation to implement clear legalization policies. To-date Mexico’s lawmakers have failed to follow through, however, they are working to meet the mandate.