The regulatory framework for legal CBD in Italy , as updated in 2026, is constantly evolving, with rapid legislative changes that have created confusion among citizens and industry professionals. Below is an updated guide to navigate the laws, decrees, and case law, also in light of the latest changes introduced by the 2025 Security Decree .
When will CBD be illegal in Italy?
Cannabidiol (CBD) has never been considered a narcotic—neither in Italy nor in Europe—due to its chemical nature and case law. Already in 2020, the European Court of Justice clarified that CBD cannot be considered a narcotic under the United Nations Single Convention on Narcotic Drugs.
This ruling also had weight in Italy, where, however, the debate focused mainly on the production and marketing methods.
The legality of CBD in Italy currently depends on the parts of the plant from which it is extracted and the presence of THC . Until early 2025, many operators in the sector were allowed to sell industrial hemp inflorescences (so-called "cannabis light"), as long as they contained 0.2–0.5% THC. This practice was radically changed by the 2025 Security Decree .
CBD and Ministerial Decree: Regulatory History
In 2023, a ministerial decree (known as the " Schillac decree ") included oral CBD in the list of narcotic medicines, creating considerable uncertainty. However, this measure has been repeatedly suspended by the Lazio Regional Administrative Court (TAR) , which emphasized the lack of solid scientific basis for classifying CBD as a narcotic substance and urged compliance with European legislation.
The legal case is still open: after the suspension of the decree in 2023, a new hearing has been set for 2024, confirming the difficulty of creating clear and stable regulation .
CBD Legal in Italy in 2026: The New Rules
Since 2025 , CBD has been legal in Italy only if extracted from the leaves, stems, and seeds of certified industrial hemp, according to Article 18 of the Security Decree. The production, distribution, sale, and possession of hemp inflorescences and all derivative products (extracts, resins, oils), even if they contain only minimal traces of THC, are prohibited and considered narcotic substances.
In summary:
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CBD from leaves, stems, and seeds is legal.
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CBD from inflorescences is considered a narcotic and is therefore declared illegal .
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No time to comply : the decree came into force immediately, dragging operators into a situation of illegality from one day to the next
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Pharmaceutical CBD (medical cannabis prescribed by a doctor) is not affected by these changes and continues to be regulated by existing health legislation[1].
CBD and the new Highway Code 2024-2025
With the new Highway Code 2024–2025 , stricter controls have been introduced through saliva tests for driving under the influence of narcotics.
CBD and saliva testing: what happens?
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CBD Isolate (THC-Free) : It is NOT detected by saliva tests, because these are designed to detect THC and other narcotics, not cannabidiol.
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Full spectrum products with THC : Even if THC is below the legal limit of 0.2–0.5%, it is still possible to get a false positive .
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Pure and isolated CBD oil : Does not pose any risk of testing positive or of administrative sanctions (license suspension, criminal charges).
Security and CBD Bill: Beware of Inflorescences
The 2025 Security Bill outlawed hemp inflorescences and their derivatives, even those with very low THC content. CBD itself wasn't banned, but the production chain was severely impacted: today, only CBD extracted from leaves, stems, and seeds is legal and marketable.
CBD in the blood and analysis for driving licence
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CBD can be detected in the blood, but it has no legal value because it is not classified as a narcotic substance.
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What matters is the presence of THC , even in traces, which can lead to administrative and criminal consequences in the event of a road check.
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CBD Isolate Oil : No Risk to Your Driving License.
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“Full spectrum” or non-certified oil : Possible positive test result, with risk of vehicle seizure and license withdrawal
Further information
Is CBD legal in Italy today?
The answer is yes, but with important limitations . From April 12, 2025, CBD is legal in Italy only if extracted from the leaves, stems, and seeds of certified industrial hemp. The 2025 Security Decree has in fact made all hemp inflorescences and derived products illegal , including extracts, resins, and oils obtained from the flowers, regardless of their THC content.
What remains legal in 2026
CBD can be marketed and used as long as:
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It is extracted exclusively from authorized parts of the plant (leaves, stems, seeds)
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Comply with Law 242/2016 on industrial hemp
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Contains no detectable traces of THC (under 2ppm for pure products)
What becomes illegal
From 12 April 2025 the following substances are considered equivalent to narcotic drugs :
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All cannabis inflorescences , even with THC below 0.5%
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CBD oils obtained from inflorescences
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Full spectrum extracts derived from flowers
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Resins and crystals obtained from the inflorescences
Is CBD legal again in Italy?
Technically, CBD has never been completely illegal in Italy. The European Court of Justice clarified in 2020 that cannabidiol is not a narcotic substance. However, Italian legislation has undergone continuous changes, creating confusion in the market.
History of regulatory changes
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2020 : European ruling excludes CBD from narcotic substances
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2023 : Schillaci Decree temporarily includes oral CBD among narcotic medicines
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2024 : Lazio Regional Administrative Court suspends decree due to lack of scientific basis
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April 2025 : Security Decree drastically restricts production and marketing
The "legality" of CBD today therefore depends on the part of the plant used for extraction, not the substance itself.
Can CBD users drive?
Yes, those who use pure CBD can drive safely , as long as the product is completely THC-free . Isolated CBD is not detected by saliva tests required by the new Highway Code 2024-2025 , which are specifically calibrated to detect THC and other psychoactive substances.
CBD and Saliva Testing: What to Know
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CBD isolate : Not detected by roadside checks
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Full spectrum products : May contain traces of THC and give false positives
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Uncertified oils : Risk of positive drug tests
CBD users can drive: practical guidelines
To drive safely using CBD:
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Choose certified products that guarantee the total absence of THC (under 2ppm)
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Avoid full spectrum products or products of uncertain origin
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Check laboratory certifications that attest to the purity of the product
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Always keep the documentation of the purchased product
Legal consequences of positive tests
If you test positive for THC during a roadside check:
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Immediate withdrawal of the driving licence
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Administrative fines of up to €6,000
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Vehicle seizure for 30 days
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Possible criminal consequences for driving under the influence
How much CBD is legal to keep in Italy?
There is no maximum legal amount of CBD that can be possessed for personal use , as long as the product complies with current legislation:
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Confirmed origin: only from leaves, stems or seeds , never from inflorescences.
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Laboratory certifications certifying the absence of THC above the limits and product compliance.
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Possession of small quantities compatible with personal use is normally tolerated, but large quantities can be considered evidence of drug dealing .
Warning : Possession of even modest quantities of hemp flower products after April 2025 is equivalent to possession of a narcotic substance and carries serious criminal consequences.
Practical summary:
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CBD oils are legal only if they come from leaves, stems, seeds and do not contain detectable THC.
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There is no maximum limit for CBD, but only requirements regarding the purity and origin of the substance.
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The quantity that can be held is that which can be justified for personal consumption and with documentation.
Always carry documents certifying the product's legality to avoid disputes in the event of inspections.
Practical limits for possession
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Personal use : Reasonable quantities for individual consumption (generally a few grams or bottles)
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Documentation : Always keep receipts and purchase certificates
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Origin : Only from authorized dealers with products compliant with the regulations
Law enforcement checks
During any checks, it is essential:
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Demonstrate product legality through documentation
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Highlight the absence of THC in laboratory certifications
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Explain that the product is extracted from authorized parts of the plant (leaves, stems, seeds)
Risks to avoid
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Do not buy products derived from inflorescences, now illegal
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Avoid uncertified or undocumented suppliers
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Do not hold excessive amounts that might suggest illicit business activity
Is it legal to smoke CBD in Italy?
Currently, there is no specific law prohibiting smoking or vaping CBD in Italy, as long as the products contain THC levels below the legal limit. However, the 2025 Security Decree made hemp flowers, which were often used for smoking, illegal.
Practical considerations
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Use in public : It is not recommended , as it could generate misunderstandings or legal problems
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Alternative : Use CBD isolate extracted from leaves or stems instead of buds.
Is it legal to smoke CBD in public?
Smoking CBD in public is not recommended , as it could lead to confusion or misunderstanding with illegal substances. While there is currently no law explicitly prohibiting it, it's important to consider social and local norms to avoid problems.
Precautions to be taken
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Documentation : Always carry documents certifying the legality of the product (certificates of analysis).
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Authorized Places : Avoid consuming CBD in public spaces where it is not clear that the product is legal.
Can CBD smokers drive?
Yes, pure CBD users can drive safely , as long as the product is completely THC-free . Isolate CBD cannot be detected by saliva tests, which are designed to detect THC.
What Happens If You Smoke CBD and Drive
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CBD isolate : Not detected by saliva tests; no risk of testing positive.
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Full spectrum products : May contain traces of THC and give false positives .
Driving precautions
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Product Choice : Always use guaranteed THC-free CBD.
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Documentation : Always keep purity certificates on hand.
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Storage : Do not possess excessive quantities that might suggest the use of illegal substances.
What happens if I smoke CBD and drive?
If you drive after smoking isolated CBD that doesn't contain THC , there's no risk of a positive saliva test result. However, if the CBD contains even minimal traces of THC , there's a risk of false positive tests, with administrative and criminal consequences.
Possible consequences
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Driving licence withdrawal
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Financial penalties
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Vehicle seizure
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Criminal consequences
Guidelines for safe driving
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Legality Check : Make sure your CBD is legal and THC-free.
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Documentation : Always carry with you certificates attesting to the purity of the product.
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Avoid abuse : Do not use excessive amounts that may raise doubts about the use of illegal substances.
When will CBD be illegal in Italy?
CBD will never be completely illegal in Italy, but on April 12, 2025, severe restrictions went into effect, effectively banning most CBD products available on the market. On this date, Security Decree 48/25 was definitively converted into law by the Senate, introducing a ban on the production, processing, trade, and transportation of hemp inflorescences and their derivatives.
Timeline of CBD Restrictions
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September 2024 : The Chamber of Deputies approves the Security Decree
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April 11, 2025 : President Mattarella signs the decree
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April 12, 2025 : New restrictions come into effect immediately
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June 2025 : The Senate definitively confirms the conversion into law
What changes from April 12, 2025
From 12 April 2025 the following are prohibited :
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Import, sale, processing, and distribution of hemp inflorescences
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Extracts, resins and oils obtained from hemp flowers
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Products derived from inflorescences, regardless of THC content
Immediate impact of the ban
The decree has hit the sector hard:
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Around 3,000 Italian companies in the legal hemp supply chain are at risk of immediate closure.
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Over 40,000 jobs are at risk
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1,600 growers, 800 retailers and 700 processors involved
When Cannabis Becomes Illegal: The Exceptions
Not all hemp is illegal . Some remain legal.
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Cultivation of industrial hemp from certified seeds with THC levels below 0.2% for exclusively industrial uses.
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Production of fibers and seeds for non-pharmaceutical purposes
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Inflorescences intended for seed production , only if supported by contractual documentation
Medical cannabis remains legal
Medical cannabis remains legal with a doctor's prescription and is not affected by the new restrictions of the Security Decree . Patients with a prescription can continue to access cannabinoid treatments through authorized pharmaceutical channels.
Complete history of the ban
The regulatory transformation that led to the ban on inflorescences developed in several phases:
2016-2024: The era of light hemp
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Law 242/2016 : Authorizes the cultivation of industrial hemp with THC levels below 0.2%.
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2020 : European Court of Justice rules that CBD is not a narcotic
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2023 : Schillaci Decree attempts to ban oral CBD (later suspended by the TAR)
2024-2025: The final push
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September 2024 : Approval of the Security Decree in the Chamber
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April 4, 2025 : Final approval by the Council of Ministers
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April 11, 2025 : Signature of President Mattarella
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April 12, 2025 : Effective immediately - inflorescences become illegal
The effect was devastating and immediate : thousands of companies went from legality to illegality from one day to the next , without any transition period or adjustment.
What happens if you get stopped with CBD?
The answer depends on the type and origin of the product :
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If you are caught with CBD isolate obtained from leaves, stems or seeds (accompanied by certificates): In this case, possession should not lead to legal problems, but it is essential to have documents that certify the legal origin and purity of the product.
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If you are found to have CBD obtained from inflorescences (oil, resin, crystals, flowers): From April 12, 2025, even the mere possession of these products is considered equivalent to narcotics.
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Risks:
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seizure of the product
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criminal complaint for possession of narcotic substances
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trial for drug dealing in case of significant quantities or division into doses
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Controls have become immediate and severe, with no adjustment period : even those who legally purchased up to 11 April 2025 risk sanctions if found in possession of inflorescences from 12 April onwards.
Practical advice: To avoid problems, only purchase products identified as CBD isolate , always make copies of laboratory certifications, and never possess inflorescences or flower derivatives after April 12, 2025.
During checks, stay calm, show the documentation and, in case of dispute, request the presence of a lawyer.
Can CBD be detected in a saliva test?
If you're wondering whether saliva tests can detect CBD, the answer is no. Isolated CBD is not detected by saliva tests because these tests are designed to detect the presence of THC (tetrahydrocannabinol) and other psychoactive substances, not cannabidiol. Therefore:
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Pure, THC-free CBD oil/powders : DO NOT produce positive saliva tests
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Contaminated or full-spectrum products with traces of THC : Can test positive and lead to license suspension and reporting (even in the case of very low traces)
What happens if I take CBD and drive?
If you take pure, isolated CBD with no THC , you can drive legally: CBD is not a narcotic and is not tested for in drug or saliva tests conducted by law enforcement.
The risk only concerns full-spectrum products or non-certified oils that may also contain traces of THC : in that case, it is possible to test positive, with all the administrative and criminal consequences (withdrawal of the driving license, seizure of the vehicle).
Is CBD detected in driving tests?
No, CBD is not detected in common driver's license fraud tests , such as saliva and drug tests: these only look for THC and other psychoactive cannabinoids. Tests required for driver's license renewal or reinstatement do not detect CBD.
How much CBD to test positive?
The presence of CBD alone does not generate a positive result on a drug test, even if taken in large quantities. A positive result can only occur if the product contains THC (even trace amounts), and the minimum threshold depends on the test used, but often a very small amount is enough to generate a false positive.
How long does CBD stay in the blood?
CBD remains in the bloodstream for 2–5 days in healthy individuals, although its metabolites can be detected for up to a week after ingestion, and rarely for up to 2 weeks in continuous users. However, this presence has no legal implications, as routine testing does not detect CBD .
How many days does it take for CBD to break down?
In most cases, it takes 3–7 days for CBD to be completely eliminated from the body; this may take longer if the intake is high and chronic or if the person's metabolism is slower.
How long does CBD stay in your system?
The average duration of action is 48–120 hours (2–5 days), depending on the dose, frequency of use, and the type of preparation (oil, crystals, cosmetics). Metabolites can still be detected a few days later, but they do not cause legal consequences or psychoactive effects.
How long does CBD stay in hair?
Hair tests, used in extensive toxicology screenings, do not look for CBD , but its metabolites could theoretically be detected for up to 90 days with regular use.
This information is academic only and has no practical impact, because judicial and driving license drug tests only look for THC .
Does CBD show up in drug tests?
No, CBD is not detected by drug tests and does not constitute any administrative or criminal offense. The risk is only indirect: products contaminated with THC, even in small doses, can cause false positives ; for this reason, it is essential to purchase only pure, isolated, and certified CBD .
Practical summary for safe driving:
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Pure, isolated, and documented CBD: never gives a positive result on drug tests.
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Full-spectrum or non-certified products: risk of testing positive for traces of THC.
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Elimination Time: CBD typically clears in less than a week, but has no legal implications.
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Drug tests and driver's licenses: they only look for THC, not CBD.
Actionable advice: Always carry laboratory certifications with you and choose only products from companies that guarantee the total absence of THC for consumption and driving.
Is CBD oil legal in Italy?
Yes, CBD oil is legal in Italy in 2025 , but only under the condition that:
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be extracted exclusively from leaves, stems, or seeds of certified industrial hemp, in accordance with Law 242/2016 and Article 18 of the 2025 Security Decree.
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not be obtained from inflorescences : all oils, extracts and products obtained from hemp flowers (inflorescences) are declared illegal, regardless of the presence of THC.
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contains no detectable THC above 2 ppm , and is properly documented.
Full-spectrum CBD oils or those of dubious origin, obtained from inflorescences, are now considered "narcotic substances" in all respects.
How high does CBD get?
CBD doesn't get you high . Unlike THC, the main psychoactive component of cannabis, CBD doesn't cause psychotropic effects, euphoria, sensory alterations, or loss of control .
People who take CBD report at most a better feeling of relaxation , sometimes accompanied by mild physical effects such as drowsiness, but without changes in perception as happens with narcotic substances.
How long do the effects of CBD last?
The perceptible effects of CBD vary depending on the method of intake, dosage and individual sensitivity:
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Sublingual administration (oil, drops) : effects begin after 15-45 minutes and last 4-6 hours .
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Oral intake (capsules, foods, drinks) : the onset of effect is slower ( 30-90 minutes ), the duration can be longer (up to 6-8 hours) .
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Aromatherapy or inhalation (e-cigarettes, vaporizers) : the effect is rapid (a few minutes) but less long-lasting (2-3 hours) .
Symptoms such as relaxation, drowsiness, or pain reduction tend to gradually fade as CBD is metabolized by the body.
How long does CBD stay in the body?
CBD remains in the body for different periods of time depending on the frequency of use, metabolism and dose taken:
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Presence in blood : 2–5 days in a healthy person, up to a week in case of continuous use.
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Urine testing : CBD metabolites may be detectable for 3–7 days, although they are not looked for in standard drug tests.
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Hair testing : Theoretical metabolites can test positive for up to 90 days, but conventional tests do not detect CBD.
Note: These traces have no legal relevance, because official drug tests (salivary, urine, blood) do not look for CBD but only for THC and other psychoactive substances.
How long does CBD last in the body?
The perceived effects of CBD are generally concentrated in the first 4–6 hours after ingestion, but can last up to 8 hours in the case of massive oral intakes or in subjects with a slower metabolism. After this interval, CBD continues to be metabolized and its metabolites remain detectable for days, but without producing subjective effects.
How to make the effects of CBD wear off?
There is no antidote or quick fix to “prevent” the end of CBD's effects, because it is a substance metabolized by the liver and eliminated in urine and feces.
However, you can adopt some strategies to manage milder effects (such as drowsiness or drops in blood pressure):
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Drink plenty of water : it promotes the renal elimination of metabolites.
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Eat a snack : it helps to counteract any drowsiness or tiredness.
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Wait patiently : the effects wear off on their own within a few hours.
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Monitor your blood pressure : If you feel faint or dizzy, lie down and rest.
These actions do not speed up the metabolization of CBD , but they can help manage milder symptoms from taking it.
Useful summary
|
Request |
Short answer |
|
How high does CBD get? |
It doesn't get you high, it doesn't alter your mind, it's totally relaxing. |
|
How long does the effect last? |
4–6 hours (up to 8 with high oral doses). |
|
How long does it stay in the body? |
Up to a week in the blood, but is not detected in drug tests. |
|
How to get through? |
There is no antidote, time and hydration help manage the effects. |
Bottom line: CBD is a well-tolerated substance, with mild and short-lived side effects. It doesn't induce altered consciousness or euphoria, and the physical effects usually resolve spontaneously within a few hours.
Some recommended products for choosing truly legal and safe CBD
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➤ Custom Oil – for those who want a tailor-made formula: Create your own 10 ml personalized CBD Oil by selecting the concentration, method of use and characteristics, with the guarantee of our pure isolate.
Conclusion
In a rapidly changing and stringent regulatory environment, your peace of mind and security come first.
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Visit our shop to discover the full range of items selected to comply with all current regulations. Leave no room for doubt: explore, compare, and choose with awareness.
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