Growing cannabis at home is illegal in Italy. Despite the famous decision of December 19 of the Court of Cassation, which decriminalized the cultivation of small quantities of light marijuana in the home, it is still an illegal to do so. An administrative offense to be exact. Administrative infringements that can lead to having to pay various financial penalties, even quite large ones. The boundary between legality and illegality is thin and breaking the Consolidated Law on Narcotic Drugs is really a matter of a moment. It is important to start from the assumption that despite the semi-favorable ruling of the Court of Cassation last year, growing cannabis at home remains a crime.For this reason we strongly advise against it. It is better to direct purchases to certified and authorized products that respect the limits imposed by Italian law.
Growing cannabis at home: sentence of 19/12 of the Court of Cassation
With the sentence of 19/12 of the Court of Cassation, the cultivation of small quantities of light cannabis in the home was decriminalized. The ruling referred, to be exact, to two different hemp plants.
The first had about 20 branches, while the second 18. However, decriminalization does not mean that growing cannabis at home is no longer a crime. In fact, the administrative offense remains. Illicit that leads to having to pay fines (even quite high) and the possibility (if established by the judge) of having to undergo a therapeutic and socio-rehabilitative program at the Ser.D (Addiction Service) in your area.
Law No. 242/2016
With this law, the possibility of growing light cannabis without fear of incurring penalties and / or offenses of any kind has been regulated and legalized. But there are specifics to respect and precise objectives and purposes, which do not justify the cultivation of light cannabis at home. To be exact, the law does not speak of home cultivation, but only of crops capable of reducing the problems related to:
- Environmental impact in agriculture
- Soil consumption
- Desertification
- Loss of biodiversity
The rule states that it is possible to grow weakened hemp sativa as a rotary crop, or to replace surplus crops. In light of the foregoing, these purposes, as well as horticulture, the production of cosmetics, food and raw materials for industry, cannot justify
home cultivation. the countries where it is possible
Some countries in Europe and around the world allow home cultivation of legal cannabis sativa. They include cultivation, but also some specific restrictions. The countries where home cultivation is possible are:
Spain
Switzerland
Austria
Czech Republic
Growing cannabis at home
In Spain, as in Italy, the legislation on the world of cannabis is not very clear. Despite this, Spanish legislation tolerates home cultivation for personal use, at home and away from schools, hospitals, public places in contact with the elderly and children. The sale of psychotropic marijuana remains illegal. A fluctuating situation that changes from city to city. In Madrid, for example, the cultivation of up to two plants at home is tolerated, while in Barcelona it is prohibited.
Switzerland only allows home cultivation of weakened light cannabis with a THC content of less than 1%. In Austria it is even more complicated.
The cultivation of a hemp plant is allowed, but the separation of the flowers from the plant itself is prohibited (unless it is done for therapeutic purposes). The Czech Republic remains the most permissive. It is in fact possible to grow up to a maximum of five plants at home, among other things intended for any use. It is also allowed to grow medical marijuana, with regular registration of the activity. Very often, however, the laws regarding the cultivation and use of cannabis light, even within the walls of the house, are rather inaccurate and / or incomplete.
They change from country to country and follow completely different paths. It is therefore always better to inquire first.
Conclusions
In Italy, growing cannabis at home remains illegal. An administrative offense is committed and may be subject to financial penalties, fines and even a possible rehabilitation program (the judge determines this). Consequently, it is better to entrust purchases to authorized and certified shops (physical and online), which can offer products that faithfully comply with the provisions of Italian law.