Frequently Asked Questions
The answers to your most frequently asked questions
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Is it legal to grow hemp?
Hemp can be grown freely in compliance with the law on cultivable limits and species. The regulatory references at this link.
Where do i find the seeds?
Seeds of any type, even non-cultivable, are in free trade.
The seeds for the cultivation of hemp for industrial purposes can be purchased on the market and obviously also by our members; feel free to contact us !!
The varieties of hemp that can be cultivated according to article 29 of law n ° 79/2014, (update of 309/90) are all those included in the national lists of admitted varieties of the European Union or the OECD.
http://www.oecd.org/tad/code/oecd-list-of-varieties-eligible-for-certification.htm
On this site there is a complete list of the breeders of the different varieties (IT-704).
The maintainers or breeders of the varieties are also listed in the national registers and from here it should be possible to trace the companies that multiply or market hemp seeds.
For the Italian varieties, included in the National Register of Plant Varieties, the only breeder at the moment is CREA-CIN (IT-15), supervised by the MiPAAF. From this year other subjects will probably add other varieties of foreign origin to the Italian Registry. http://www.sementi.it/documenti/registri/ITA-agrarie/Agrarie-15(7.4.2015).pdf
Is there a minimum order to buy the seeds?
Our certified seeds can be purchased in any packaging available from 20g (about 1000 seeds) to 25kg. All packaging comes with an original tag that certifies the content. In Europe there is no minimum order, instead for non-EU countries the minimum order is 100kg.
How is hemp grown?
Hemp is a crop that does not require a lot of effort, but requires a good preparation of the seedbed, a specific fertilization and a sufficient water supply for its development.
If you are a beginner, do not know where to start and need support for your choices, we recommend that you attend our basic training course on hemp cultivation in Italy. Info at this link
Is there a minimum area for cultivation?
No, there is no minimum area for legal cultivation, the farmer can also sow a parcel of 500 square meters.
Is it possible to grow hemp for ornamental use?
Yes, the important thing is to buy certified seeds even in small packs (100g).
Is it possible to grow hemp indoors?
Yes, it is possible, provided that the production site is intended for agricultural production. If you need advice visit the following link .
What is the difference between monoecious and dioecious seed?
The monoecious varieties have the male and female organ on the same plant and are dedicated to the production of seeds for food. The dioecious varieties, on the other hand, have male specimens that are morphologically distinct from the female ones. In the field we will have 50% of males and 50% of females, indicatively.
Are there feminized seeds?
At the moment the only certified feminized variety is Perugina CBG .
Is buying seedlings or cuttings legal?
The legislation on the cultivation of industrial hemp in Italy is clear: the farmer or company with an agricultural VAT number must necessarily purchase the certified seed. The seedlings or cuttings can only have an ornamental, non-productive intended use. They are mostly bought by private individuals.
Are there any diseases and parasites?
Soil insects, orobanches and fungi can jeopardize the success of hemp cultivation. To understand how to prevent, we recommend that you participate in our basic cultivation course, info at this link
How much does it cost me to grow one hectare of hemp?
The investment cost depends on several factors, first of all, the intended use of the crop. For the production of seed and fiber it is around 700 € / ha, while for the production of inflorescences it can reach 5000 € / ha, taking into account the high costs of labor and treatment of the final product.
What potential gain does one hectare of hemp bring me?
Revenues depend on the intended use: seed and fiber production can give a revenue between € 1000 and € 2000 / ha, the production of inflorescences could give a revenue between € 5000 and € 20,000. * The data are indicative as cultivation is influenced by various factors.
How many grams of dry bud can a hemp plant produce?
It depends on several factors but indicatively it can produce up to 1 kg of dry inflorescence with advanced cultivation techniques and favorable growth conditions.
Is it possible to divide the package of semen purchased?
Possible in the event of the presence of a temporary business association (ATI) or in the case of companies connected to each other through a business network, in which the lead company deals with the purchase of the seed and the division of the sack. Consult your accountant to comply with the relevant legislation.
Do you have to be a company to be able to buy seeds?
We remind you that in order to sell the product of the cultivation, it is necessary to buy the seed with agricultural VAT number. With the purchase from a private individual, providing name, surname, residence and tax code it is possible to carry out only experimental crops for private use (without the possibility of selling the product)
Can I use the seeds I produce for the next sowing?
It is not required by law, as every farmer must buy seeds certified by ENSE every year.
How many seeds are there in 1 kg ???
There are 50,000 seeds in a pack of seeds, considering that 1000 hemp seeds weigh between 18g and 24g.
Who can collect the product from me?
In Italy there are several buyers of the product (seeds, fiber and inflorescences).
We at Canapuglia do not collect products for those who are in their first cultivation experience, but we are open to any type of collaboration.
Am I entitled to the CAP?
If included in the CAP, the cultivation of hemp gives the right to a premium ranging from € 300 to € 450 / ha based on the territory in which the cultivation falls. For more info consult the RDP of your region (rural development plan)
Problems with the police, what should I do?
If you follow our instructions, you will never have problems with the police who can check your documentation (seed purchase invoice), the certificate shown on the seed bag and the THC content of your cultivation by taking n. 50 flower parts (apical tops) from your field.
Is it possible to become your collaborators and / or distributors? And in what way?
We are open to any kind of proposal, contact us here
What purposes are foreseen by the law for cultivation?
Law 242 identifies five points relating to the purposes of the cultivation of hemp in Italy. In particular, support and promotion primarily concern the cultivation and processing of hemp. Furthermore, Italy supports the use and consumption of semi-finished products , especially local ones, and the development of territorial supply chains to make investments sustainable. In addition, the production of food, cosmetics, biodegradable raw materials and innovative semi-finished products and the creation of bioengineering works, land reclamation, teaching and research activities are stimulated.
Following these requirements, it is then possible to obtain fiber, hemp, powders, wood chips , oils or fuels from hemp, for supplies to industries and craft activities, from food to cosmetics to energy. But material is also obtained for the practice of green manure (to increase the fertility of the land), semi-finished products for bioengineering, green building, phytoremediation for the reclamation of polluted sites. Furthermore, it is possible to create crops dedicated to teaching and demonstration activities as well as research or destined to horticulture.
What rules do i have to respect if i want to grow hemp?
The cultivation of hemp in Italy is legal. Law 242 of 2016, which contains the Provisions for the promotion of the cultivation and agro-industrial chain of hemp , is the regulatory reference point because it collects the requirements to be respected in order not to incur violations.
When you decide to launch into the hemp business, it is first of all necessary to choose seeds included in the Directive 2002/53 of the European Union , which offers the common catalog of varieties of agricultural plant species . The grower will always have to stick to that register of 52 varieties, even in the stages following the first sowing. As explained in article 7 of law 242, self-produced seeds from those certified and purchased the previous year, ie those that gave fruit to the first cycle of crops, cannot be used . Once the seeds have been chosen, the grower can start work in the field, without having to make any type of communication to the competent authorities - unlike what was expected a few years ago.
A very important rule is related to the conservation of the purchased seed tags . They must be kept for at least one year . It is also mandatory to keep the seed purchase invoices aside for the period provided for by the legislation. This documentation is used in the event of control by the unit command for forestry, environmental and agri-food protection of the carabinieri.
Another fundamental aspect to take into consideration, and closely linked to the choice of varieties, is that of the content of tetrahydrocannabinol (THC), one of the active ingredients of hemp. The limit envisaged by the law is 0.2% , but in article 4, paragraph 5 of law 242 it is emphasized that if the result of the control the total content of Thc of the cultivation is higher than 0.2% and within the limit of 0.6%, the farmer is in good standing, as long as he has also complied with the other legal requirements, namely the use of certified seeds. The law therefore creates a precise derogation, according to which exceeding the principal limit does not result in an actual violation.
Are there any tax bonuses for hemp growers?
Article 6 of Law 242 sets incentives for a maximum value of 700 thousand euros per year , to favor the improvement of the conditions of production and processing in the hemp sector. Anyone who starts a farm in 2018 is also entitled to a three-year period of exemption from contributions , which then drop to 65% and 50% in subsequent years. It is also advisable to keep an eye on the situation within the region or municipality of activity, where from time to time laws are approved for the promotion of hempiculture which, among other things, provide for tax incentives. Last year in Rome , for example, 100 thousand euros were allocated in the budget for the current part and 200 thousand in capital account for each year of the 2017-2018 period.
" Beyond these tax incentives, the peculiarities of hemp mean that companies that are born in the sector have the opportunity to register with the register of innovative startups, with all the resulting benefits in terms of funding, bonuses, incentives ", explains Giacomo Bulleri, expert in the jurisprudence on hemp in Italy. “ Hemp in fact has an innovative character that in many respects distinguishes it from other types of crops ”. An example in this sense comes from Equilibrium, a Lecco startup operating in the green building of lime and hemp, which has recently won the national award for Young Business Innovators (38 thousand euros).
What obligations do I have if I market and sell hemp-based products?
Law 242 of 2016 establishes a series of rules and obligations for those wishing to launch into the industrial hemp business. However, it is a framework law, which covers the first steps of activity and which must be harmonized with the sector regulations, based on the purpose of one's cultivation.
" When you choose to take the step of marketing, you must refer to all those measures at a corporate and administrative level , for example relating to labeling or the availability of suitable premises, which allow you to carry out the activity in that specific sector, be it in the field of horticulture, green building, cosmetics, food ”, explains Bulleri. And he adds: “ Each of these sectors has a specific legislation that must be respected . The 242 is a framework law, which must then be harmonized with the sector regulations, this applies to hemp as for any other product ".
As for traceability in the buying and selling process between manufacturer and distributor, the best way to protect yourself is to transfer the goods after they have been packaged . “ The distributor has his own brand, his bags and all the packaging. At that point he takes his material and goes to the grower to package the product on site, using labels that must comply with the 2005 code of commerce , ”explains Zaina. " They will bear the indications on the manufacturer, distributor, year of production and intended use and this will make it easier to trace the product in case of control by the police during the transport phases ".
What are the most common risks and penalties for violations?
Among the main innovations, the law 242 cancels the obligation to communicate when you start to cultivate .
" The prior notification of the start of business was done at the police station or at the command of the local finance police ", explains Nicomede Di Michele, lawyer and president of the Fracta sativa Unicanapa association . “ Now it is no longer an obligation to give this information, but we recommend that you continue to do so . If the police or the financial police come across a hemp field, they often do not have the expertise and experience to understand if you are facing a legal cultivation or not. Giving a prior communication gives the idea of not wanting to hide, and even if the law does not prescribe this step, we suggest doing it for reasons of expediency ”.
More concrete risks are those relating to the choice of seeds and compliance with the maximum limit of Thc in the plant. In the first case, the use of self-produced seeds or in any case not included in the European register entails a criminal violation , if the limits of Thc are exceeded at the same time. However, the Italian law presents flaws from this point of view. " Those who cultivate non-certified seeds put themselves in a sort of no-man's land because up to 0.5% of Thc there is no crime , since the Supreme Court has now established for over thirty years that the doping threshold is set at 0, 5% ", explains Zaina," If a conduct is not foreseen by the law but is not even excluded or prohibited, it is tolerated, because to assume the value of illegality, a sanction must be envisaged. The legislative context poses a paradox on this ”.
If a registered seed is used, problems arise when the cultivated hemp variety has a Thc content higher than 0.6%. As underlined by law 242 in article 4, paragraph 7, " the seizure or destruction of hemp crops planted in compliance with the provisions established by this law can be ordered by the judicial authority only if it appears that the content of Thc in the cultivation is more than 0.6%. In the case referred to in this paragraph, the responsibility of the farmer is excluded .
Exceeding the limit would therefore have repercussions on production , but there would be no trespassing of the question in the criminal field. The same goes for products already on the market. “ When the overrun of the Thc limit concerns products already on the market, the seizure and destruction of the material must be ordered, without however any criminal liability of the distributor, the trader and the buyer ”, explains Zaina.
Then there are other risks related to the industrial hemp business, but common to any other type of production activity. “Among the most common risks faced by industrial hemp growers are those due to the lack of prior information on all the rules and requirements to be respected during the activity ”, explains Bulleri. “ These are mostly administrative issues such as the presence of non-compliant premises, or labeling that does not comply with the standards, or an unsuitable business object. Issues that do not belong exclusively to the world of hemp, but that concern any type of activity you want to undertake ".
Limits of THC
However, it is necessary to ask for permission if the cultivation of hemp is high in Delta-9-tetrahydrocannabinol and Delta-8-trans-tetrahydrocannabinol (THC), for the uses permitted by law.
In particular, the THC limit imposed for the exercise of free cultivation today is equal to 0.2% of raw hemp, with a tolerance threshold of 0.6%. Upon exceeding these thresholds, the judicial authority may order the seizure or destruction of hemp crops.
Authorization
Going into detail, it is clarified that no particular authorization is required to cultivate Cannabis Sativa and, in the same way, it is not necessary to acquire any prior authorization in case of sale of plants for ornamental purposes.
The varieties of hemp that the law n. 242 of 2016 allows you to cultivate only those registered in the common catalog of varieties of agricultural plant species, pursuant to Article 17 of Council Directive 2002/53 / EC, of June 13, 2002, which do not fall within the scope of consolidated text of the laws on the discipline of narcotic drugs and psychotropic substances, prevention, treatment and rehabilitation of the related drug addiction states, referred to in the decree of the President of the Republic 9 October 1990, n. 309.
Inflorescences
Important is the clarification of the Ministry regarding the inflorescences of hemp, which is not explicitly mentioned in Law no. 242/2016: they fall within the scope of crops intended for horticulture if deriving from crops permitted by law and do not contain substances declared harmful to health by the competent institutions. It is also allowed the reproduction of hemp plants exclusively from certified seeds and the reproduction by agamic way of material destined for the production for subsequent marketing of products derived from it is not contemplated.
The nurseryman must keep the tag that certifies the seed of origin and the relative purchase documentation, for a period of not less than 12 months, and, in any case, for the entire duration of the stay of the seed itself at the nursery production company. .
CERTIFIED ORGANIC SEED
Given the lack of a certified organic hemp seed, companies wishing to operate in organic must specify it in advance in order to receive the declaration that ensures that the seed supplied is certified as untreated. With this, the farmer who intends to cultivate organically can request the exemption from the certifying body with which he has an agreement.
CONDITIONS FOR THE LAWFULNESS OF CULTIVATION
According to the new Italian law which came into force on January 14, 2017
- Cultivable hemp varieties (Cannabis sativa L.) must be registered in the common catalog of varieties of agricultural plant species (Article 17 of Council Directive 2002/53 / EC of 13 June 2002).
- The grower is obliged to keep the tags and invoices of the seeds purchased for a period of not less than twelve months (article 3 of the Decree Law S. 2144 of November 22, 2016). It is advisable to make the self-report to the nearest law enforcement agencies to avoid unpleasant misunderstandings.
- Cultivable hemp varieties must contain a maximum value of 0.2% THC. In the event that the values exceed 0.2%, within the limits of 0.6%, the responsibility of the farmer who has complied with the requirements is excluded.
- If the outcome of a control, carried out in a cultivation planted in compliance with these provisions, finds that the limit of 0.6% is exceeded, no responsibility is placed on the farmer who has complied with the requirements but the judicial authorities I can intervene with the seizure or destruction of crops.
- The State Forestry Corps is authorized to carry out the necessary checks, including sampling and laboratory analyzes on hemp crops to determine the amount of THC in accordance with current European Union and national legislation (decree-law of 24 June 2014 n.91, converted with amendments by the law of 11 August 2014 n.116)
- If checks are carried out by the State Forestry Corps, sampling with harvesting of the crop must be carried out in the presence of the grower, who must be issued a contradictory sample for any counter-checks.