Legal cannabis. The Trento Court confirms: "It can still be produced and sold"

The Trento court declared the appeal of two companies inadmissible, but in doing so, admitted that legally cultivating operators can continue to do so.

The judge of the Trento court rejected the appeal of two companies that cultivate legal cannabis, against Article 18 of the security decree (which prohibited its production and sale). In doing so, however, he substantially agreed with the appellants by stating that those who cultivate and sell legally can continue to do so (respecting the maximum THC limit of 0.6%).

The Security Decree

The security decree, later converted into law (80/2025), provided for the prohibition, with criminal consequences, of producing and selling hemp inflorescences even with THC lower than 0.6%, as was previously permitted. The law had created concern in a supply chain that saw production and market at risk.

Appeal Rejected

The judge, according to the order, cannot intervene in abstract on a norm but can only rule in reference to a specific case, for example, a criminal proceeding or an administrative sanction. In this case, the appellants had not been affected by any measure and were continuing to work, so the judge could not rule in abstract on the norm.

However, in analyzing the case, the court recalled some principles and legislative references (not least the Court of Cassation). Among the cited norms is the reference to the European principle according to which prohibitions cannot be established for specific parts of the plant unless justified and proportionate (the security decree prohibited the production of inflorescences but not seeds and fibers).

It was also reiterated that "the restrictive measure must be justified by the public health objective pursued and be proportionate" while "according to current scientific data, the consumption of THC below 0.3% does not create risks for public health."