Italy's Council of State Sends Oral CBD Rules to the EU Court

Italy's supreme administrative court has put the fate of CBD oils and drops in the hands of the EU's top court. In an order published on August 3, 2026, the Third Section of the Council of State referred five preliminary questions in the appeal brought by the trade association Imprenditori Canapa Italia against the Health Ministry's decree of June 27, 2024.

That decree added "compositions for oral administration of cannabidiol obtained from cannabis extracts" to Section B of the medicines table, which would make them available only in pharmacies on a doctor's prescription. For shops that sell CBD oil, it would end over-the-counter sales.

What the court asked

According to Quotidiano Sanità, the court found the dispute could not be decided without EU law, because the decree directly affects how the products are made and sold. The questions focus on Articles 34 and 36 of the Treaty on the Functioning of the EU, which ban restrictions on trade between member states unless justified, for example on health grounds.

• Is listing oral CBD as a narcotic-table medicine a measure equivalent to a quantitative restriction on imports?
• Can the precautionary principle justify it when CBD's psychotropic effect is not proven?
• Is a blanket regime that ignores each product's actual composition proportionate?

Why it matters to buyers

In December 2025 the Council of State had already suspended the effect of the lower-court ruling that upheld the decree, so companies could keep selling oral CBD as before. The trade group Canapa Sativa Italia told ANSA on August 17, 2026 that it remains suspended pending the EU ruling, so CBD oils from seeds and stalks are still on shelves. On August 14, 2026 the Lazio regional court rejected two further company appeals against the decree; the association says the legal question stays open until the EU court rules.

1. 2024-06-27

   Health Ministry decree lists oral CBD compositions as medicines.

2. 2025-04-16

   Regional administrative court of Lazio upholds the decree.

3. 2025-12-15

   Council of State suspends the lower-court ruling upholding it, as an interim measure.

4. 2026-08-03

   Council of State refers five questions to the EU Court of Justice.

5. 2026-10-21

   Constitutional Court public hearing on the separate hemp flower ban.

The case is separate from the April 2025 ban on hemp flower trade in Decree-Law 48/2025, which the Constitutional Court will examine at a public hearing on October 21, 2026. Il Fatto Quotidiano, citing the sector, puts the hemp industry at about 3,000 companies and 30,000 jobs. EU preliminary rulings typically take more than a year. Background: Italy's cannabis light rules and our Italy hub.