Is weed legal in Italy? A guide for tourists and locals

No, weed is not legal in Italy for recreational use. Possession of cannabis for personal use is an administrative offence, not a crime. The Prefect can suspend your driving licence, your passport or, for non-EU citizens, a tourist residence permit. Since 12 April 2025, Italy also bans the sale, transport and delivery of hemp flowers, the product known as cannabis light. Medical cannabis is available only on a doctor's prescription.

Weed laws in Italy: a quick summary table

The table shows the legal status of cannabis in Italy on 8 October 2026. Every row refers to a specific law. Rules can change, especially for hemp flowers, because the 2025 ban is under review at the Constitutional Court.

Topic	Status on 8 October 2026	Legal basis
Recreational cannabis	Not legal	DPR 309/1990, Articles 14 and 75
Possession for personal use	Administrative offence, sanctions from the Prefect	DPR 309/1990, Article 75
Selling, supplying or growing cannabis	Criminal offence	DPR 309/1990, Article 73
Hemp flowers (cannabis light) and products made from them	Import, sale, transport and delivery banned since 12 April 2025	Decree-Law 48/2025, Article 18, converted by Law 80/2025
Medical cannabis	Only on prescription, prepared in a pharmacy	Ministry of Health decree of 9 November 2015
Court review of the hemp flower ban	Pending, no ruling yet	Constitutional Court, reg. ord. 26/2026, 81/2026 and 135/2026

In Italian law, cannabis and the products obtained from it are listed in Table II of the Consolidated Act on Drugs (DPR 309/1990, Article 14). This listing is the reason why weed, marijuana and pot are all treated the same way. The Ministry of Health updates these tables by decree (Article 13).

Personal possession: what Italian law says

Possession for personal use is not a crime in Italy, but it is still against the law. Article 75 of DPR 309/1990 covers people who import, export, buy, receive or hold drugs for their own use. These people face administrative sanctions, not criminal charges.

The Prefect decides the sanction. Article 75 lists four options, and the Prefect can apply one or more of them:

• suspension of the driving licence, or a ban on getting one
• suspension of the firearms licence, or a ban on getting one
• suspension of the passport or an equivalent document, or a ban on getting one
• for non-EU citizens, suspension of the tourist residence permit, or a ban on getting one

For substances in Table II, which includes cannabis, the suspension lasts from one to three months. In minor cases, a first offence can end with a formal invitation from the Prefect to stop using the substance, instead of a sanction (Article 75, paragraph 14). This option is available only once.

You may read online that Italy allows 5 grams. That number does not appear in Article 75. The article refers to quantity limits set by a decree of the Ministry of Health and to other circumstances, such as the gross weight and the way the substance is packed. If the amount or the packaging suggests that the cannabis is not only for personal use, the case can move from Article 75 to the criminal rules.

Is weed legal in Italy for tourists?

No. Tourists follow the same rules as residents. There is no tourist exception in Italian drug law. A visitor who holds cannabis for personal use faces the administrative procedure under Article 75, the same as an Italian citizen.

Some sanctions matter more for visitors than for locals. The Prefect can suspend a passport. For citizens of countries outside the EU, Article 75 also allows the suspension of the residence permit for tourism. Bringing cannabis into Italy does not avoid these rules: Article 75 lists import for personal use as one of the conducts that lead to sanctions.

Cannabis products such as gummies or vape liquids with THC fall under the same rules, because Table II covers cannabis and all products obtained from it. Hemp products made from the flowers, including extracts and oils, are covered by the 2025 ban described below. If your trip continues to another country, the rules change at the border. Our guides on cannabis laws in France and cannabis laws in Spain explain the situation there.

Can you buy or smoke weed in Italy?

No. There is no legal way to buy recreational cannabis in Italy, and there are no dispensaries for recreational use. Selling, supplying and growing cannabis without authorisation are criminal offences under Article 73 of DPR 309/1990. The buyer is in the administrative procedure of Article 75. The seller faces criminal charges.

Smoking cannabis is not an offence on its own in Article 75. However, a person who smokes cannabis also holds it, and possession for personal use is the conduct that Article 75 sanctions. In practice, this means that smoking in public exposes you to the same procedure as possession. Shops that still exist cannot legally sell hemp flowers or products made from them.

Is weed legal in Rome, Milan and other Italian cities?

The rules are the same in every Italian city and region. DPR 309/1990 and the 2025 hemp flower ban are national laws. No city has its own cannabis rules, and no local authority can allow recreational use.

Is cannabis legal in Rome?

No. Rome follows the national rules. Possession for personal use leads to the administrative procedure under Article 75, and trade in hemp flowers is banned.

Is weed legal in Milan and Venice?

No. Milan and Venice have the same rules as Rome. Cannabis light shops in both cities, as in the rest of Italy, cannot sell hemp flowers since 12 April 2025.

Is weed legal in Florence?

Florence follows the national rules for recreational cannabis. The city has a special role in medical cannabis: the military pharmaceutical plant in Florence grows and produces the active substance for medical use.

Is weed legal in Sicily?

Sicily is an autonomous region, but drug law is national. The rules for possession, sale and hemp flowers in Palermo or Catania are the same as in Rome.

Cannabis light, CBD and hemp flowers after the 2025 ban

Since 12 April 2025, Italy bans trade in hemp flowers and in products made from them. Article 18 of Decree-Law 48/2025 amended Law 242/2016 on industrial hemp. Law 80 of 9 June 2025 converted the decree into law. It was published in the Gazzetta Ufficiale n. 131 of 9 June 2025 and came into force on 10 June 2025.

The ban covers hemp flowers, also in semi-processed, dried or shredded form, and products made from them or containing them, including extracts, resins and oils. Banned activities are import, supply, processing, distribution, trade, transport, sending, shipping and delivery. The only exception is processing for the agricultural production of seeds. Violations are sanctioned under Title VIII of DPR 309/1990, the same part of the law that deals with drugs.

For CBD products, the question is what the product is made from. If a CBD oil, gummy or other product is made from hemp flowers or their extracts, it falls under the ban.

Court challenges to the hemp flower ban

As of 8 October 2026, the Constitutional Court has not ruled on the hemp flower ban. Three Italian courts have asked the Constitutional Court to review Article 18.

• The Tribunale di Brindisi (GIP) raised the question in an order of 2 December 2025, registered as reg. ord. 26/2026 and published in the Gazzetta Ufficiale, 1st special series, n. 8 of 25 February 2026. The order questions, among other points, whether the government had the urgency required to use a decree-law, and whether the ban is compatible with the free movement of goods in the EU (TFEU Articles 34 and 36).
• The Tribunale di Trani raised a similar question in an order of 28 April 2026, registered as n. 81 and published in the Gazzetta Ufficiale, 1st special series, n. 21 of 27 May 2026.
• The Tribunale di Brescia raised the question in an order of 15 July 2026, registered as reg. ord. 135/2026 and published in the Gazzetta Ufficiale, 1st special series, n. 37 of 16 September 2026.

The official page of the Constitutional Court for order 26/2026 lists a public hearing on 9 February 2027. Hearing dates can change. Until the court decides, Article 18 is in force.

Is THC legal in Italy?

No. THC products are not legal for recreational use in Italy. Article 14 of DPR 309/1990 places cannabis and the products obtained from it in Table II. Synthetic or semi-synthetic substances that are related to tetrahydrocannabinol by chemical structure or by pharmacological and toxicological activity are listed in Table I. Isomers, esters, ethers and salts of listed substances are also covered.

Questions about delta 8 or delta 9 THC have the same starting point: the tables in Article 14 and their updates by the Ministry of Health. The same applies to HHC and other semi-synthetic cannabinoids. Check the current tables before you travel. For an overview of how other countries treat HHC, read our article on the legal status of HHC around the world.

Is growing cannabis at home legal in Italy?

No. Italian law does not allow anyone to grow cannabis without authorisation. Article 73 of DPR 309/1990 names cultivation (coltiva) among the conducts that require an authorisation from the Ministry of Health under Article 17. Article 75, the rule for personal use, lists import, export, purchase, receipt and possession. It does not list cultivation.

The Court of Cassation has ruled on very small home cultivation. In judgment n. 12348 of 19 December 2019 (filed on 16 April 2020, Caruso), the Joint Sections (Sezioni Unite) held that cultivation does not constitute the criminal offence of cultivation when it is done at home, with rudimentary techniques and a small number of plants, gives a very small quantity of product, is only for personal use and shows no signs of a link to the illegal market. This is case law that courts apply case by case, not a permission in the law. You may read that Italy allows three or four plants at home. No plant number appears in the law or in this ruling.

Industrial hemp is a separate topic. Farmers can grow hemp under Law 242/2016 for the uses that the law permits, but since 12 April 2025 the flowers cannot be sold or processed, except for seed production.

Medicinal cannabis in Italy

Medical cannabis is legal in Italy, but only on a doctor's prescription. The Ministry of Health decree of 9 November 2015, published in the Gazzetta Ufficiale, Serie generale n. 279 of 30 November 2015, sets the rules. The doctor writes a prescription for a magistral preparation (preparazione magistrale), and the prescription is renewed each time. The pharmacist prepares the product in the pharmacy.

The same decree names the military pharmaceutical plant in Florence (Stabilimento chimico farmaceutico militare di Firenze) as the place where the active substance is grown and produced. The Ministry of Health acts as the State Cannabis Agency under the 1961 UN Single Convention. Medical cannabis is not available over the counter, and a foreign tourist cannot buy it in a pharmacy without a valid prescription. If you need medical cannabis during a trip, ask your doctor and the pharmacy before you travel.

This guide gives legal information, not legal advice. Laws and court decisions can change after the date below. If you plan to travel, check the current rules at an official source. For a look at another popular destination, see our guide on cannabis laws in Paris.

Sources, checked 8 October 2026

• DPR 9 October 1990, n. 309 (Consolidated Act on Drugs), Articles 13, 14, 73 and 75, text on Normattiva.
• Decree-Law 11 April 2025, n. 48, Article 18, text on Normattiva, in force since 12 April 2025.
• Law 9 June 2025, n. 80, Gazzetta Ufficiale, Serie generale n. 131 of 9 June 2025.
• Constitutional Court, reg. ord. 26/2026 (Tribunale di Brindisi), Gazzetta Ufficiale, 1st special series, n. 8 of 25 February 2026.
• Tribunale di Trani, order of 28 April 2026, reg. n. 81, Gazzetta Ufficiale, 1st special series, n. 21 of 27 May 2026.
• Constitutional Court, reg. ord. 135/2026 (Tribunale di Brescia, order of 15 July 2026), Gazzetta Ufficiale, 1st special series, n. 37 of 16 September 2026.
• Court of Cassation, Sezioni Unite, judgment n. 12348 of 19 December 2019, filed 16 April 2020 (Caruso), Rv. 278624-01, as summarised in the Rassegna penale 2020 of the Ufficio del Massimario.
• Ministry of Health decree of 9 November 2015, Gazzetta Ufficiale, Serie generale n. 279 of 30 November 2015.

Last reviewed: 8 October 2026.