Light Cannabis: What the Supreme Court Ruling Says

The Supreme Court ruling that prohibited the sale of light cannabis has sparked many debates. Let’s try to understand together why.

Light Cannabis and the Supreme Court Ruling

The Supreme Court ruling established that it is a crime to sell cannabis derivatives, such as resin and oil. In fact, they are also illegal if they have “narcotic effect”. Law 242/2016 on cannabis does not regulate the trade of this product in shops that have been opened from 2016 to today. This only explains how it is possible to cultivate specific varieties of hemp and does not make any reference to free sale to the public. Therefore, the law does not provide indications on the prohibition of sale, nor does it explicitly declare permission. Based on this regulatory vacuum, many Cannabis Shops have emerged, shops that are now in the spotlight and are closing due to the Supreme Court ruling on light cannabis.

What Did the Supreme Court Say?

The Supreme Court ruling merely filled the regulatory vacuum that existed in the law on light cannabis. It established that the marketing of its derivatives, such as leaves, flowers, resin, and oil, does not fall under law no. 242 of 2016, which exclusively regulates its cultivation. For this reason, the transfer, sale, and marketing to the public of products derived from light cannabis would become a crime, except for those that are devoid of narcotic effect. In our country, the concentration limit for defining hemp with a narcotic effect is 0.2% THC. For this reason, all those shops that sell light cannabis while respecting the THC limits imposed by law are not at risk, let alone closure. Furthermore, there is also ruling 4920 from January 2019, which states the same rules regarding the marketing of light cannabis and establishes the legality of selling all products containing a THC active ingredient of less than 0.6%. Cannabis Shops, therefore, are not at risk at all and, in fact, they have emerged to counteract the trade of organised crime.