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Fratelli d’Italia Withdraws Cannabis Light Re-Legalization Bid as Constitutional Challenge Advances

Court reviews now loom, leaving producers and retailers in limbo.

Overview

  • Fratelli d’Italia said it will pull an amendment to the 2026 budget that sought to reauthorize sales of low‑THC cannabis flowers under the state customs and monopolies agency with a 40% consumption tax.
  • The proposal would have allowed inflorescences and liquids for inhalation up to 0.5% THC, required authorization by the Agenzia delle Dogane e dei Monopoli, treated the products like tobacco, and barred advertising and distance sales.
  • On December 3 a Brindisi investigating judge, Barbara Nestore, referred article 18 of the April security decree to the Constitutional Court, questioning the decree’s urgency basis, the offensivity principle, and EU free‑movement compatibility after a major port seizure case.
  • A separate EU track is open after the Consiglio di Stato in November sent questions to the Court of Justice of the EU on whether Italy’s restrictions conflict with the free movement of goods.
  • Months of enforcement actions have brought large seizures and investigations that industry groups say harmed investments and jobs, as associations cautiously welcomed regulation but criticized the 40% tax as favoring multinationals, with Coldiretti urging protection for lawful farmers.