Growing cannabis in the home, if the plants are few and for personal use, is not a crime in Italy, according to a precedent-setting decision by the Italian Court of Cassation on 19 December.
The supreme body of the Court decided also that “the smallest cultivation activities carried out in the home, which, through rudimentary techniques, the small number of plants, the very small quantity of products that can be obtained, the absence of other indicators of their inclusion in the drug market, seem to be intended exclusively for the personal use of the producer, are not a crime.
In other words, if home cultivation is for personal use only and does not affect public health, the cultivation of small quantities of cannabis is legal.
So , Cannabis law in Italy has been littered with conflicting decisions. Already in 2011, the Supreme Court had ruled that the cultivation of a cannabis plant could not be considered dangerous to public health and safety and was therefore legal.
This ruling conflicted with the interpretation of the Italian Constitutional Court, which considered that the cultivation of plants from which narcotic substances could be extracted is always a crime, regardless of the quantity and intended use, and recalled in 2016 by a ruling of the same court.
Matteo Mantero, a senator who is already very active on the issue of light cannabis, called on deputies to take over this decision and to legislate.
Once again jurisprudence is replacing a cowardly legislator. The cassation has paved the way, now it’s up to us. Commented the senator on Facebook.
Until this historic sentence or buying cannabis from a trafficker, feeding criminal networks and endangering your health with dubious products is not a criminal offense, while growing certain plants on your balcony for personal use could cost you jail time. Presently , Mantero continues, “this puts an end to a law that left the monopoly market for soft drugs to the mafia. So , the time has come for the legislature to wake up, stop shirking its duty and decide to tackle these “slippery” or “divisive” issues, whatever those adjectives are. writes Mantero. He then concludes: My proposal to regulate self-production has already been tabled at the beginning of the legislature, so it can be a starting point. Let’s do it. »
The Supreme Court’s decision followed a judgment in a case involving the cultivation of two cannabis plants (one 1 meter high with 18 branches, the other 1.15 meters high with 20 branches), which had led to a year’s imprisonment and a fine of 3,000 euros for the accused at first instance.
The decision also puts an end to several contradictory judgments which took into account. Or not the purpose of the production and the possible quantities produced.