What inference can be drawn from the Italian enforcement action against EasyJoint?

The suspension of EasyJoint’s commercial activities and website pending a trial in the Italian province of Parma demonstrates that enforcement authorities intend to continue to police CBD retailers. In particular, it seems the Parma prosecutor’s office took exception to the marketing and sale of CBD hemp flowers by EasyJoint.

This has significant implications as flowers remain one of the most important CBD categories in the country. It likely means ‘figleaf’ defences such as claiming the flowers are intended to be used as potpourri or are an animal product (an argument which potentially has its own legal issues) will be cracked down upon further.

For the wider market beyond flowers, the loophole in the most recent Court of Cassation decision allowing the sale of products “without psychotropic effects” remains unclarified. The fact that prosecutors judged seized EasyJoint goods on the totality of their THC content – as opposed to THC content per dose – suggests enforcement will take a harsh position on the matter and that CBD products should be as close to THC free as possible to avoid encountering issues.

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