[Update Oct. 26, 2023]:The Lazio Regional Administrative Court has confirmed the suspension of the decree: oral CBD products can continue to be sold in all physical stores and online, without a prescription. A new hearing has been set for Jan. 16 for a decision on the matter. Source: L'Espresso
[Update Oct. 5, 2023]:The Lazio Regional Administrative Court granted the request for suspension of the decree until Oct. 24: pending further decisions, CBD-based products for oral use can, therefore, go back on sale in all physical and online stores, without the need for a prescription. Source: ANSA
What will change for Better CBD customers with the CBD decree?
Nothing absolutely nothing changes. You will be able to continue to purchase our products on our site with complete peace of mind.
Buying Better CBD products in Italy remainslegal and safe.
The Better CBD products are registered as cosmetics, so they comply with all applicable Italian laws.
We will make sure that you can have quality CBD available at an affordable price, in any scenario.
We will always defend our work and your needs. We are always available to answer any concerns or questions.
CBD decree Hope: what changes in Italy?
Let's take a step back: In 2020, Health Minister Speranza signed a decree to include CBD in the table of drugs extracted from narcotic substances.
Following protests, Speranza suspended the decree, but on August 7, 2023, Minister Schillaci lifted the suspension.
Since September 20, 2023, the decree has thus come into effect, with the result that all oral cannabidiol (CBD) products will be included in the table of narcotic extracted drugs.
Europe and CBD
In Europe the situation is completely different.
The World Health Organization (WHO) declared in 2017 that pure CBD formulations, with less than 0.2% THC, should not be under international control because they are not addictive.
In 2020, the European Court of Justice issued a ruling on CBD, declaring that CBD cannot be considered a narcotic substance and that a member state cannot prohibit the marketing of CBD legally produced in a member state if it is extracted from the whole cannabis sativa plant and not just from fibers and seeds.
In Germany, the administrative court in Düsseldorf overturned a city ban on the sale of natural CBD products, thus making it legal in all respects.
In France, in late December 2022, the French Council of State finally annulled the government ordinance that restricted the use of hemp flowers and leaves to industrial production only.
In conclusion, Italy is the only European country to go against the grain of European CBD lines.
Incongruities between the Schillaci decree and the European position
The Schillaci Decree, which includes CBD in the table of drugs extracted from narcotics, contradicts the European position on CBD, which is legal and not considered a narcotic substance.
In particular, the Schillaci Decree contradicts the following:
- The World Health Organization (WHO), which declared in 2017 that CBD is not addictive and should not be under international control.
- The European Court of Justice, which issued a ruling in 2020 declaring that CBD cannot be considered a narcotic substance and that a member state cannot ban the marketing of CBD legally produced in another member state.
In addition, the Schillaci Decree is ambiguous and contradictory.
- It is ambiguous because it does not clarify whether the ban covers products for oral use that are partially composed of CBD or that contain only isolated CBD.
- It is contradictory because it runs counter to the Italian legislation itself, which allows the cultivation of hemp varieties to obtain various products, including food-type products.
In conclusion, the Schillaci decree is an unjustified and counterproductive measure that runs counter to European indications and Italian legislation.
Further updates will be posted as they become available.