Cannabis e terapia del dolore. Un singolare caso di limitazione del diritto alla cura.

This paper describes the main features of the medical cannabis market as defined by Italian legislation, highlighting its dubious compatibility with the ordinary paradigm accepted by the case law of the Court of Justice in the field of competition law. The special elements meant to be at the basis of this derogation can be identified in the protection of public health, public order and public safety: however, such a peculiarity (underlying Italian legislation and its international framework) does not allow to consider the regulation of medical cannabis complying to the settled interpretation of articles 49, 52, 56 TFEU and to the equally established case law of the Italian Constitutional Court on the right to health.