Description
Law No. 242 of 2 December 2016 promotes the cultivation and agro-industrial chain of hemp as a crop that can contribute to the reduction of environmental impact in agriculture, the reduction of soil consumption and desertification and the loss of biodiversity, as well as a crop to be used as a possible substitute for surplus crops and as a rotation crop.
Law No. 242/2016 covers the cultivation of hemp for the purpose of:
(a) to cultivation and processing;
b) the encouragement of the use and final consumption of semi-finished hemp products from priority local supply chains;
(c) the development of integrated territorial supply chains that exploit the results of research and pursue local integration and real economic and environmental sustainability
d) the production of foodstuffs, cosmetics, biodegradable raw materials and innovative semi-finished products for industries in various sectors;
e) the implementation of bioengineering, land reclamation, educational and research activities.
To support and promote this crop, therefore, the regulation authorises the cultivation and processing of hemp only for the purpose of obtaining
- food and cosmetics, produced exclusively in compliance with the disciplines of the respective sectors;
- semi-finished products, such as fibre, hemp, powders, wood chips, oils or fuels, for supplies to industries and craft activities in various sectors, including the energy sector
- material intended for the practice of green manure;
- organic material intended for bio-engineering work or products useful for bio-construction;
- material intended for phyto-purification for the remediation of polluted sites;
- crops dedicated to educational and demonstration activities as well as research by public or private institutes;
- crops intended for floriculture.
Law No. 242 of 2016 does not apply to the import, processing, possession, transfer, distribution, trade, transport, dispatch, delivery, sale to the public and consumption of products consisting of inflorescences of hemp (Cannabis sativa L.), also in semi-processed, dried form, which is regulated by Presidential Decree No. 309 of 9 October 1990, containing the 'Testo unico delle leggi in materia di disciplina degli stupefacenti e sostanze psicotrope, prevenzione, cura e riabilitazione dei relativi stati di tossicodipendenza'.
The following is a summary of some points that the professional operator must pay attention to in order to be able to regularly produce hemp for the floricultural uses provided for by Law 242/2016 and the relevant ministerial circular of 22 May 2018.
Reproduction of hemp plants only from certified seed. Reproduction by agamic means of material intended for the production for subsequent marketing of products obtained from it is not permitted. Reproduction by cuttings is therefore prohibited.
Traceability. Since only gamic reproduction is permitted, the company may only grow seedlings from seed. The nurseryman must keep the seed tag and the relevant purchase documentation (e.g. invoices) for a period of not less than 12 months and, in any case, for as long as the seed is kept at the nursery.
Lawfulness of cultivation. Cultivation for floriculture is permitted provided that the product
- comes from one of the permitted varieties listed in the Common Catalogue of Varieties of Agricultural Plant Species. The registered varieties are listed in the Common European Catalogue at: https://ec.europa.eu/food/plant-variety-portal/
- the total THC content of the crop does not exceed the levels laid down in the regulations. However, should the THC content of the crop reach levels of between 0.2% and the maximum permitted limit of 0.6%, no liability is placed on the farmer who has complied with the legal requirements. Moreover, even when the 0.6% threshold is exceeded, although the obligation to seize and destroy the plantation is triggered, the farmer does not suffer any consequences.
- does not contain substances declared harmful to health.