Smoking weed: is it legal? What does the Italian law provide?

There has always been a lot of talk about the legalization of light marijuana. In recent years, the debate, at the parliamentary level, has been more lively than ever. In fact, the Italian legislation provides for rather large gaps that do not seem to be filled. Cannabis light and the possibility of smoking weed are in fact encountering some difficulties in the Bel Paese, to have a clear and precise regulation.

The reference law still remains n ° 242/2016, with some variations and additions given by some judgments of the Court of Cassation of 2018 and a quick revision of 2019. This year the proposal to argue the issue again in parliament, is she ran into a wall of reticence and disinterest. Smoking weed:

laws and restrictions

Let’s start from the beginning and from the law that still represents the reference point of Italian legislation today: Law of 2 December 2016 No. 242.

In the meantime, let’s see the objectives. In the Official Journal we can read the complete version. Here is an excerpt to identify and underline the purposes

: “… This law contains rules for the support and promotion of the cultivation and supply chain of hemp …” The law was designed in relation to the cultivation of hemp. “…

This law applies to the cultivation of hemp of the accepted varieties registered in the common catalog of varieties of agricultural plant species …”

Legal cannabis is therefore in all respects recognized as an agricultural plant. “… to the production of food, cosmetics, biodegradable raw materials and innovative semi-finished products for industries in various sectors; e) the construction of bioengineering works, land reclamation, teaching and research activities …. ” Therefore, reference is also made to the production of derivative products, semi-finished and not.

The law also establishes the lawfulness of cultivation, the obligations of the grower, the limits of THC in food, the reproduction of the seeds and the protection of the consumer. In particular, the limits of THC in cannabis light have been set below 0.2%, with an expected fluctuation of up to 0.6%. This means that the seller is decriminalized if the product respects the limits imposed by the law, but the harvest is subject to seizure and the trader fined administratively if the percentages were higher. This law regulates the use and sale of light marijuana, but at the same time does not recognize its use for recreational purposes (nor does it prohibit it).

The penalties provided

In addition to the law 242/2016, the Fini-Giovanardi law of February 21, 2006 No. 49, excluded the criminal responsibility of the case of detention for personal use of legal cannabis and psychoactive cannabis. In other words, administrative penalties are simply provided.

The penalties provided are:

1 driving license suspension (in case of steering wheel control)

2 suspension of any certificates of professional qualification for driving motor vehicles and certificates of fitness to drive mopeds

3 prohibition to obtain certificates and qualifications in the following three years

4 suspension of the license to carry firearms or the prohibition to obtain it

5 suspension of passport or equivalent document (or prohibition of obtaining both)

6 In the case of a foreign person, possible suspension of the residence visa for reasons of tourism or prohibition of obtaining

The previous law therefore refers exclusively to administrative offenses, while No. 242/2016 makes no mention of them (this is precisely the regulatory vacuum to which we referred at the beginning of the article).

Smoking weed:report of  wrongdoing

As a consequence of the control by the authorities, there is a convocation in the prefecture of competence. After that, two different scenarios open up. It is possible to receive a simple and formal warning not to use substances anymore, or the administrative penalties indicated above are applied.

The decision rests with the law enforcement officer. Very often the police only proceed to seize cannabis, but only in the case of psychotropic cannabis. In fact, there are no administrative penalties for the possession and use of legal cannabis (but it must be proven that it is light marijuana. It is therefore important to receive the receipt and packaging).

Milleproroghe 2020 Decree: liberalization of legal cannabis sativa In January 2020,

Senator Mantero, plus 30 other left-wing deputies, advanced an amendment in favor of the trade and use of cannabis light. The opportunity presented itself with the Milleproroghe Decree. The decree is so called because it is aimed at resolving urgent situations by the end of the current year. Mantero’s amendment was aimed at the legalization of light cannabis and all its derivatives. Unfortunately, the Chamber’s Commission on Constitutional Affairs and Budget blocked the proposal, labeling it as: “amendment proposal not strictly related to the matter”. We are therefore still on the high seas to definitively resolve the issue. The hope is that in the future, there will be a substantial release of the situation and a taking of consciences and positions that lead to a clear definition of the legislation in question.