Is cannabis legal in Italy?

Rome, Naples, the Amalfi Coast: Italy attracts millions of travelers, and the question comes up every summer. The answer is no, there is no legal cannabis in Italy. There are no coffeeshops, no clubs, and no dispensaries, and the government has been toughening its stance since 2024. However, cannabis in Italy is not treated like it is in France: use falls under an administrative procedure, not a criminal court. At Tealer420, we have dissected this hybrid regime so that you know exactly where the red lines are.

Cannabis in Italy: what the user really risks

Everything revolves around Article 75 of DPR 309/1990, the reference text on narcotics. Personal use is not a crime there, but an administrative illicit act. Concretely, you won't get a criminal record, but the file goes to the prefect.

And the prefect has a lever that many travelers are unaware of: they can suspend, for a period of 1 month to 1 year,

• your driver's license,
• your passport or ID card valid for travel abroad,
• your gun license,
• your residence permit (for a foreigner).

For a first offense, a simple warning may suffice. Consumption in public spaces is not tolerated, however: it falls under the same article.

Use or trafficking: the 500 mg threshold

No quantity is legal in Italy. A ministerial decree of April 11, 2006, sets a "maximum holdable quantity" of 500 mg of active ingredient (THC), which serves only as an indicator. Beyond that, the presumption of trafficking is not automatic: it is up to the judge to assess on a case-by-case basis.

If trafficking is established, we move into a different realm. Article 73 provides for 2 to 6 years in prison and a fine of €5,164 to €77,468 for so-called "light" drugs. For minor offenses, the range drops to 6 months to 4 years and €1,032 to €10,329. This has nothing to do with the French system of fixed fines, which we detailed in our article on fines for weed use.

Home cultivation: the 2020 jurisprudence

Cultivation remains prohibited in principle. But in 2020, the Court of Cassation meeting in plenary sessions (ruling no. 12348/2020) set a significant exception: domestic cultivation of minimal dimensions, with rudimentary techniques, a small number of plants, and intended exclusively for personal use, is not criminally punishable.

The problem is that the law sets no specific number of plants. Every case remains a matter of assessment. The 2021 referendum, which sought to decriminalize cultivation, was declared inadmissible by the Constitutional Court in February 2022.

On the road: the trap of the new code

This is the most significant change for those traveling by car. Since December 14, 2024, the new Highway Code (Law 177/2024) punishes driving "after consuming" narcotics. There is no longer a need to prove that the driver was under the influence: testing positive is enough.

• License suspension up to 2 years.
• Potential detention for up to 1 year.
• Withdrawal or revocation in case of repeat offenses.

Even patients on medical cannabis are targeted, which has provoked appeals and questions of constitutionality. For a passing driver, the only safe rule is: no consumption before getting behind the wheel.

Cannabis light: Law 80/2025 and the judicial tug-of-war

For nearly ten years, Italy was the land of "cannabis light," born from Law 242/2016 on hemp. The security decree of April 2025, converted by Law no. 80 of June 9, 2025, banned the trade of hemp inflorescences and their derivatives, regardless of the THC level.

The industry is fighting in court: the Council of State referred the matter to the Court of Justice of the European Union in November 2025, and again in August 2026 regarding oral CBD, and several courts have raised the issue of the text's unconstitutionality. According to the specialized press, the Constitutional Court was set to examine the case on October 20, 2026, a date we could not verify on its official docket.

Traveling in Italy: practical rules

There is no legal age and no way to purchase: a tourist has no legal entry point. In case of a check, the administrative procedure applies, with confiscation and a report to the prefect. Remaining "cannabis light" shops can no longer sell flowers, and seizures are taking place. And as everywhere, nothing should cross a border or go through an airport: upon your return, French law applies, as recalled on our cannabis and the law in France page.

Key Takeaways

Italy punishes the user without criminalizing them, but with sanctions that hit where it hurts: your paperwork and your license. It heavily represses sales, barely tolerates micro-cultivation, and has just closed the door on "cannabis light." It is one of the countries that is hardening its stance the most in Western Europe, contrary to Germany or Malta, as shown in our European overview.

Informative article, updated as of September 24, 2026. Sources: DPR 309/1990 (articles 73 and 75), ministerial decree of April 11, 2006, Court of Cassation (ruling no. 12348/2020), Constitutional Court, Law 177/2024 (Highway Code), Law no. 80/2025, Italian Council of State. This does not constitute legal advice, and legislation is subject to change. For ages 18+ only. Compliant with current European legislation (< 0.3% THC). Consumption of illicit cannabis remains prohibited in France.