Judgment of the Cassation opens to cannabis. Here's what the law provides
2019-12-27T11:37:21.443Z
Are cannabis products in Italy legal? Here's what the law provides in this AGI fact sheet. Until the ruling of the Court of Cassation made known yesterday, the interpretation of the norm did answer yes, but only if they respect the ceiling set for the dose of Thc contained, that is 0.6%, when that at the base of the classic "rods" ( but also that, legal and cultivated by the State, for therapeutic purposes) is between 5 and 8% of Thc, which is then tetrahydrocannabinol, an active ingredient that creates the psychotropic effect. Today, however, according to the Court of Cassation, those who cultivate it at home for personal use are not prosecutable, regardless of the amount of THC contained. Only the last step of a slow process that has actually cleared cannabis in Italy, starting from the law 242 of 2016, which came into force on January 14, 2017. Since then, 'green' stores throughout Italy have blossomed like mushrooms, with a strong growth in turnover (in 2018 we calculate revenues of 40 million euros, growing). But what are the limits within which these shops are perfectly legal, at least until the sentence of the Cassation is applied? The standard contains "Provisions for the promotion of the cultivation and agro-industrial supply chain of hemp", aimed at the cultivation and transformation; encouraging the use and final consumption of hemp semi-finished products coming from priority local supply chains; the development of integrated territorial supply chains that enhance the results of research and pursue local integration and real economic and environmental sustainability; the production of food, cosmetics, biodegradable raw materials and innovative semi-finished products for industries in different sectors; the realization of bioengineering works, land reclamation, educational and research activities. Cultivation to make "spinels" is not foreseen, just to clarify: it is in fact possible to derive, among other things, "food and cosmetics produced exclusively in compliance with the disciplines of the respective sectors". The controls on the cultivators are entrusted to the Forestry Corps: "If the overall THC content of the cultivation is greater than 0.2 per cent and within the limit of 0.6 per cent at the end of the inspection, no liability is borne by the farmer who has complied with the provisions of this law ". If the dose is greater than 0.6, the seizure and destruction of the crop is triggered. Another thing of course is cannabis for therapeutic use: in Italy it is produced by the Military Pharmaceutical Chemical Plant in Florence in application of the collaboration agreement between the Minister of Health and the Minister of Defense signed on September 18, 2014. The distribution is intended for pharmacies for the preparation of masterful cannabis-based preparations FM-2 upon presentation of a non-repeatable medical prescription. The FM-2 Cannabis product (containing 5% - 8% THC and 7.5% - 12% CBD), is the first cannabis-based active substance produced in Italy in accordance with European directives on medicinal products on the deposited production process and controlled, in a pharmaceutical workshop authorized by AIFA and whose distribution is authorized by the State Body for Cannabis at the Ministry of Health. The prescription of cannabis for medical use in Italy regards the use in chronic pain and that associated with multiple sclerosis and spinal cord injuries; nausea and vomiting caused by chemotherapy, radiation therapy, HIV therapies; as an appetite stimulant in cachexia, anorexia, loss of appetite in cancer or AIDS patients and in anorexia nervosa; the hypotensive effect in glaucoma; the reduction of involuntary body and facial movements in Gilles de la Tourette syndrome.
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27 December 2019 Are cannabis products in Italy legal? Here's what the law provides in this AGI fact sheet. Until the ruling of the Court of Cassation made known yesterday, the interpretation of the norm did answer yes, but only if they respect the ceiling set for the dose of Thc contained, that is 0.6%, when that at the base of the classic "rods" ( but also that, legal and cultivated by the State, for therapeutic purposes) is between 5 and 8% of Thc, which is then tetrahydrocannabinol, an active ingredient that creates the psychotropic effect. Today, however, according to the Court of Cassation, those who cultivate it at home for personal use are not prosecutable, regardless of the amount of THC contained. Only the last step of a slow process that has actually cleared cannabis in Italy, starting from the law 242 of 2016, which came into force on January 14, 2017. Since then, 'green' stores throughout Italy have blossomed like mushrooms, with a strong growth in turnover (in 2018 we calculate revenues of 40 million euros, growing). But what are the limits within which these shops are perfectly legal, at least until the sentence of the Cassation is applied? The standard contains "Provisions for the promotion of the cultivation and agro-industrial supply chain of hemp", aimed at the cultivation and transformation; encouraging the use and final consumption of hemp semi-finished products coming from priority local supply chains; the development of integrated territorial supply chains that enhance the results of research and pursue local integration and real economic and environmental sustainability; the production of food, cosmetics, biodegradable raw materials and innovative semi-finished products for industries in different sectors; the realization of bioengineering works, land reclamation, educational and research activities. Cultivation to make "spinels" is not foreseen, just to clarify: it is in fact possible to derive, among other things, "food and cosmetics produced exclusively in compliance with the disciplines of the respective sectors". The controls on the cultivators are entrusted to the Forestry Corps: "If the overall THC content of the cultivation is greater than 0.2 per cent and within the limit of 0.6 per cent at the end of the inspection, no liability is borne by the farmer who has complied with the provisions of this law ". If the dose is greater than 0.6, the seizure and destruction of the crop is triggered. Another thing of course is cannabis for therapeutic use: in Italy it is produced by the military pharmaceutical chemical plant in Florence in application of the collaboration agreement between the Minister of Health and the Minister of Defense signed on September 18, 2014. The distribution is intended for pharmacies for the preparation of masterful cannabis-based preparations FM-2 upon presentation of a non-repeatable prescription. The FM-2 Cannabis product (containing 5% - 8% THC and 7.5% - 12% CBD), is the first cannabis-based active substance produced in Italy in compliance with European directives on medicinal products on the production process deposited and controlled, in a pharmaceutical workshop authorized by AIFA and whose distribution is authorized by the State Body for Cannabis at the Ministry of Health. The prescription of cannabis for medical use in Italy regards the use in chronic pain and that associated with multiple sclerosis and spinal cord injuries; nausea and vomiting caused by chemotherapy, radiation therapy, HIV therapies; as an appetite stimulant in cachexia, anorexia, loss of appetite in cancer or AIDS patients and in anorexia nervosa; the hypotensive effect in glaucoma; the reduction of involuntary body and facial movements in Gilles de la Tourette syndrome.
