Modified on: 20/09/2022
A first step has been taken in Italy towards a limited liberalization of domestic cannabis cultivation
And we’re not talking about the infamous “CBD Cannabis”, whose production and distribution in our country hasItaly has been legal since 2016 as a result of Law 242 of 2 December. Instead, we are talking about classic cannabis, which is used by many for recreational and therapeutic purposes.
As reported by several authoritative newspapers, on 8 September 8, the introductory text decriminalizing home cultivation of cannabis passed through the Justice Commission of the Chamber of Deputies. The new bill was drafted by 5-Star Movement deputy Mario Perantoni, and supported by a large majority. However, the delicate subject has triggered furious controversy between “prohibitionists” and “anti-prohibitionists”.
The next step will be to bring the bill to Parliament for discussion. Although the date has not yet been set, it promises to be a fierce political battle between those who see this proposal as a revolutionary step towards the safety and health of marijuana users and those who see it as a serious mistake that could push many people into the world of drugs.
Regardless of the outcome of this bold proposal, many people are following the debate closely, waiting to see if they will grow what may be the ‘forbidden fruit’ for a while yet.
It promises a prosperous future for cannabis businesses, which are now firmly established on the Internet.
Cannabis: beyond recreational use
Cannabis is a plant, which can be used in various sectors, industrial, chemical, food… But what interests us here are the uses of the dried inflorescences of the female plants, from which marijuana is obtained, which are mainly 2:
- Rrecreational use;
- therapeutic use.
In both cases, the pharmacological properties of the cannabinoids present in marijuana are exploited. These They produce various effects on our nervous system, including relaxation, analgesia, euphoria, anti-emetic action, increased appetite, etc.
In this regard, the question of its therapeutic use is fundamental.
Marijuana is used in the medical field to counteract the symptoms of various diseases by exploiting its numerous effects. Examples include its use as an anti-emetic to combat nausea caused by chemotherapy in cancer patients.
Its analgesic properties can be used to combat chronic pain. Furthermore, its relaxing effects allow it to be used with or instead of tranquillizing drugs, reducing the risk of dependence that characterizes the latter’s use.
Read also: How to tell if marijuana seeds are any good?
Current Italian legislation on cannabis
In our countryIn Italy, no particular distinction has ever been made between cannabis and other types of drugs and, for this reason, hemp has often fallen expected under and laws and regulations written to generically regulate designed to generically regulate the entire and smoky world of “narcotic substances”. Therefore, it is not surprising to note that the Italian legislation is confusing and ambiguous.
Hemp is subject to 2 distinct regimes:
- the Law mentioned above No. 242 of 2 December 2016 — which contains a set of rules drawn up, as its name suggests, to promote the cultivation and agro-industrial supply chain of the plant in question;
- the 1990 Testo Unico Stupefacenti — which, except for varieties cultivated exclusively for industrial materials, classifies all other types of cannabis as narcotic substances.
The problem lies in the fact that, because of the way these two laws have been structured, it is difficult, if not impossible, to establish a clear procedure for defining each time whether the cultivation of hemp is lawful or not.
Law 242 excludes all those varieties of hemp from the field of narcotic substances with specific intended uses, including industrial, cosmetic, food, etc.…
In these cases, the production and marketing of any part of these plants should be lawful, since no rule specifies that it is unlawful to process certain parts of the plant once its intended use has been clarified. For its position, the Narcotics Act allows an exception only for the production of industrial materials.
In addition to this it must be said thatAdded to this is that the label ‘narcotic’ is technically impossible to attach to a fundamental part of the hemp plant: the seeds! Since they do not contain psychotropic substances, they are not covered by the T.U.
It is why they should could be marketed generally like any other product, but in this respect, Italian law has acted by strictly regulating their sale. Although they do not contain drugs butTHC but can generate a plant that does, their purchase is only permitted for one type of use: collecting!
Plenty of confusion reigns in the regulation of this sector. It is why the novelty we are talking about deserves special attention.
What does the new draft law draft provide for?
As can be easily guessed, the news of the new bill quickly spread through the channels of major Italian newspapers, such as Corriere.it.
Despite the alarmism, it is not a ‘free-for-all’ for the unregulated production of marijuana. The text provides that cultivation is not illegal up to a maximum of four female plants (those producing the THC mentioned above), and production must be carried out exclusively for personal use.
Apart from thisIn addition to this, there is also a considerable reduction in penalties for so-called “minor offences”. It would be a great innovation since currently, the judge can choose a sentence ranging from 2 to 6 years in prison for similar facts. And the decision would not consider the type of drug, as the law does not distinguish between ‘hard’ and ‘soft’ drugs.
If the new bill passes, the sentence would be reduced to a maximum of one year for cannabis and a maximum of two years for all other drugs.
At the same time, the bill provides for stiffer penalties in cases of particularly heinous offences such as criminal conspiracy and drug dealing with minors.
Although it does not overturn Italian legislation, this proposal could be genuinely ‘historic’. If passed by Parliament, it would make Italy the first European country to decriminalize home cultivation of cannabis; following the example of several U.S. states where liberalization has generated numerous jobs and helped to wrest some drug users away from the criminal black market.
Pros and cons, as is always the case. On the one hand, there is personal freedom, the many therapeutic possibilities, the partial emergence of a commercial sector hitherto so far blocked in illegality.
On the other hand, there is the fear of encouraging practices that, personal freedom or not, still have little known sides and play an opaque and uncertain role in the collective imagination. Different opinions will necessarily converge in a single decisive outcome. The future will tell us the end of the story!
We look forward to see you there!