Cannabis, Cassation: “It is not a crime to grow plants at home if few and for personal use”. Mantero (M5s): “Political time to act”

Cultivate the cannabis at home, if the plants are few and for personal use, it is not a crime. The Criminal Joint Sections of the Supreme Court in the hearing of 19 December last, called to express itself on an appeal filed on 21 October. The sentence, with the relative reasons, must still be filed: in the meantime, however, the maximum organ of the Court, which makes jurisprudence, has decided that they do not constitute a crime “le cultivation activities of minimal dimensions carried out in a domestic form, which, for the rudimentary techniques use it low number of plants, the very modest quantity of obtainable product, the lack of further indices of their inclusion in the market drugs, appear intended exclusively for thepersonal use of the cultivator “. Translated: if the end is not the store but the only personal use and the public health, growing marijuana in small quantities is legal.

Already in 2011 the Court of Cassation in one judgment had ruled that a single plant of cannabis cannot be considered ‘offensive’ since “it is not suitable to endanger the good of public health or public safety” and therefore it is legal. On the other hand, however, the Consult, repeatedly intervening on the topic, has over time dictated a clear line: growing plants from which amazing substances can be extracted it is always a crime, regardless of quantity and intended use. Lastly there is the sentence of n. 109/2016 which establishes that “the Constitution does not violate incriminating case of cannabis cultivation for personal use“. THE kit for the cultivation of seeds cannabis on home balcony are now widespread, also sold online on specialized internet sites, but there was a risk from a legal point of view, so far there has never been a legal level a real opening in this direction. After this decision, however Giovanni D’Agata, president of the “Rights Window”, the time has come that the legislator take one final position on the legalization or not of cannabis and its derivatives.

Mantero (M5s): “The Cassation has opened the way, now it’s up to us”
“Once again the law takes the place of a cowardly legislator. The Cassation has opened the way, now it’s up to us“, Comments Senator M5s Matteo Mantero on FB. “Until this historic sentence, buying cannabis from the drug dealer, feeding the crime and jeopardizing the own health with dubious products, it did not constitute a criminal offense, while growing some plants on one’s own balcony for personal use could cost prison“. Now, Mantero continues, “the end of the crookedness all Italian of a law that delivered the monopolist market for light drugs in the hands of the mafia. Now the time has come for the legislator to wake up, stop evading your duty and decide to tackle these ‘slippery’ or ‘divisive’ issues, whatever these adjectives mean, “writes Mantero. Which then concludes: “My proposal to regulate self-production has already been filed since the beginning of the legislature, it can be a starting point. Let’s do it”.

The pronouncement of the criminal sections
The Criminal Combined Sections of the Supreme Court he was called to decide on an appeal asking whether “for the purposes of configuring the crime of growing plants from which narcotic substances can be extracted, it is sufficient that the plant, in accordance with the botanical type envisaged, is suitable, by degree of ripeness, to produce substance for consumption, not detecting the quantity of active ingredient that can be obtained immediately “. The stoats have sanctioned that the crime “is configurable independently by the quantity of active ingredient that can be obtained immediately “. It is therefore sufficient that the plant complies to produce narcotic substance to be illegal. But they must be considered excluded, “in that not attributable within the scope of criminal law, the activities of cultivation of minimal dimensions carried out in a domestic form, which, due to the rudimentary techniques used, the small number of plants, the very modest quantity of product obtainable, the lack of further indicators of their inclusion in the drug market, appear destined for exclusive to the personal use of the grower “.


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