Legal Cannabis and Illegal: The Difference
The confusion on this topic is so widespread that it’s worth clarifying. FFor some time now, terms like Legal Cannabis, Light Cannabis, or Industrial Hemp, have been used in contrast with Illegal Cannabis. Naturally, this raises the question: what’s the real difference between legal and illegal cannabis?
We could quickly answer: legal hemp contains less than 0.6% THC. But we know that won’t be enough for you, so let’s dive deeper.
Legal cannabis
When it comes to hemp, Italian legislation leaves some room for interpretation. According to legal doctrine, “a legal gap exists when no specific law covers a given situation.” These gaps can be handled in various ways, but one key principle—the “principle of freedom”—states that any behavior not explicitly prohibited is allowed.
The only specific law on hemp is Law 242 of December 2, 2016, which applies exclusively to “approved varieties listed in the Common Catalog of Varieties.” Some Swiss varieties fall outside this category, making it difficult to trace seed origin or conduct certified lab tests.
Hemp cultivation is explicitly allowed, provided that THC levels stay below 0.2%. If THC falls between 0.2% and 0.6%, farmers are not held responsible, as long as they can prove they used a legally registered hemp variety.
At Weedom, we play it safe. That’s why we choose only Italian-grown varieties, sourced from trusted producers, and always with THC levels below 0.2%.
So what is illegal cannabis?
Does the principle of freedom mean we can use any kind of hemp? Absolutely not.
In Italy, substances classified as “narcotic” or “psychotropic”—as defined by the Presidential Decree of October 9, 1990—are illegal. Cannabis is explicitly included in this category.
By piecing together the legal framework, we can summarize it this way:
- The cultivation and commercialization of light hemp are entirely legal, provided that the product has very low THC levels (below 0.6%).
- Can consumers freely buy and use hemp as they see fit? Yes.
- Can law enforcement inspect the product to ensure it complies with the 0.6% THC limit? Yes.
If the product exceeds this threshold, it falls under the laws governing narcotics possession and use, and the consumer could face an administrative penalty (since personal cannabis use has been decriminalized).
But is THC really that harmful? We’ll talk about it in the coming months…
