THE CANNABIS NEWSPAPER SINCE 1985
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ITALY’S SUPREME COURT RULES HOME-GROWING CANNABIS IS NOT A CRIME In a landmark decision, Italy’s Supreme Court of Cassation has ruled that growing a small number of cannabis plants at home does not constitute a crime. The decision came in response to an appeal made by a man who had been accused of possession of drugs. The Naples Court of Appeal had previously partially revised the initial verdict and acquitted the accused of the crime.
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The Supreme Court ruling, published on 24 February 2023, may set a precedent for future cases. The judges noted that the defendant was a regular consumer and that there was no evidence to suggest that the cannabis was intended for sale or distribution to third parties. The Court acknowledged that cannabis found was intended only for personal use. Furthermore, cultivation was limited in scope and carried out using basic methods. The decision recognizes a growing acceptance of personal cannabis use and the minimal risk posed by small-scale cultivation for personal use, writes João Xabregas in Cannareporter. The ruling has been welcomed by drug policy reform advocates, who see it as a step towards a more rational and evidence-based approach to drug laws. In 2019, Italy’s Supreme Court ruled that small-scale domestic cultivation of can-
nabis was legal, in a decision triggering calls for further legalization from cannabis activists and anger from the country’s conservatives. Called on to clarify previous conflicting interpretations of the law, the Court of Cassation decreed that the crime of growing narcotic drugs should exclude “small amounts grown domestically for the exclusive use of the grower”.The ruling fueled a simmering political debate over cannabis use in Italy. In 2022 Italy's Constitutional Court rejected a request to hold a referendum
on legalizing the cultivation of cannabis, provoking the ire of cannabis activists. Lawmaker Riccardo Magi, one of the referendum's leading advocates, told Reuters the court's decision was "a terrible blow to democracy," after hundreds of thousands of people had signed up to the proposal. The referendum proposal sought to legalize the growing of weed for personal use and ease sanctions on other cannabisrelated crimes, with offenders no longer risking prison sentences for selling small amounts of cannabis.