Historic sentence on domestic cultivation of cannabis

by Roberta Lunghini - 2017.07.25

In Italy, cultivation of marijuana at home is not a crime, as long as it done according to “domestic” methods. And, not, on the other hand “according to methods of formal agricultural cultivation”. Such is the language in a recent sentence pronounced by the Court of Cassation, who decided to absolve a man who had been charged for having 6 marijuana plants at his home that measured 90 cm tall (each) and from which the individual could obtain a quantity of the drug twice that of the legally acceptable limit for personal use. The Supreme Judges, however, cited a precedent whereby a different judicial orientation had been used in a similar case: “it is not sufficient to only consider the quantity of the active ingredient that can be obtained by single plants, but, rather, it is necessary to also evaluate the methods of cultivation, so that it can be determined whether or not such production would be enough to potentially increase the market supply”. Thus, in this case, they were able to determine that the quantity was for personal use only, seeing as there were no indications whatsoever of drug trafficking.

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