Tech & Rights

Everything You Need to Know About Italy's Legal Framework on Drugs

As we wait for changes to prohibitionist drug policies in Italy, we should inform ourselves about exactly what the law is and could become. Now everything you need to know is just a click away!

by Italian Coalition for Civil Liberties and Rights
In Italy, talking about drugs still means talking about the law. While waiting for a change to current prohibitionist policies, it is important to understand what the law says, which is why Non Me La Spacci Giusta offers a dedicated legal handbook.

Are you aware of all the possible consequences of using drugs?

The Italian Coalition for Civil Rights and Freedoms (CILD), through its new campaign “Non Me La Spacci Giusta” - which can be roughly translated as "you are not dealing it the right way" - tries to offer clear and reliable information on the legal risks you expose yourself to by consuming drugs.

By the end of the year, the draft law "Dispositions in the field of legalization of cultivation, production, and selling of cannabis and its derivatives" is going to be discussed in the Italian Chamber of Deputies. It is in this spirit and on the eve of the special session of the UN General Assembly regarding drugs issues - UNGASS 2016 - that CILD launched its new campaign, with the aim of encouraging a shift in the Italian drug policy.

Everything is just a click away

The website of the campaign provides users with everything they need to know - that is, reliable data, information and stories - on drugs. This obviously includes a specific section dedicated to explaining the current and prospective Italian legal frameworks on drugs - because in Italy, speaking about drugs still necessarily implies speaking about the law.

For this reason, a team of Antigone's lawyers and experts created a FAQ section, providing clear answers to the most frequent questions asked when talking about drugs by explaining what legal measures are currently in force and what could change with the new law.

  • Personal use and group use: both are authorized only through administrative sanctions, but the latter - being a jurisprudential creation - needs to be demonstrated in court. The new law would forsake all restrictions for personal use (except for cases of violations of the allowed quantity).
  • Detention for personal use and detention for trafficking: the distinction is not clearly traced by the law and therefore is now basically left up to a judge, who bases his decision on various elements. The new law would introduce a presumption of personal use for given quantities; strict penalties would be maintained in cases of trafficking by opportunely distinguishing between hard and soft drugs, and only when a certain level of gravity is reached.
  • Handbook for how to behave if found in possession of soft drugs: a list of hands-on advice for those found in possession of soft drugs for personal use - you need to clearly state that you intended them for your use only; you may be required to prove that you could afford to pay for them by your own means (that is - without having to deal).
  • Grow your own: as the law stands now, growing marijuana is illegal, even if only for personal use. That would change with the new law, which would allow in-home cultivation of up to five plants of cannabis.
  • The therapeutic use of cannabis: currently, the use of cannabis-based medicines is allowed but only through a complex and slow importation procedure from abroad, as production of said medical drugs is not allowed on the national territory. The new law would simplify the delivery, provision and distribution of cannabis-based meds, significantly improving access for people in need.
  • You just don't smoke and drive: consequences for driving when high can be severe, which means sanctions must be strict. This stands even if you are just driving a scooter or riding a bicycle.

Be informed, push for change

Having an informed opinion on what it means to speak about drugs in legal terms is certainly important but may not be sufficient. For this reason, Non Me La Spacci Giusta also offers - in partnership with fellow NGOs Antigone and Diritto di Sapere - legal assistance (such as pro bono consulting and assistance in strategic litigations) on drug-related matters.

The goal of the campaign is to push for a change in legalization standards in order to expand civil rights and ultimately end the war on drugs. In the meantime, it is important to know what you are speaking about when you speak about drugs - which means mostly speaking about the law.

By Camille Richard and Jessica Ruff

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