Modified on: 21/09/2022
Here is what the law says about growing weed at home and its possession for personal use
One of the main concerns about cannabis is its personal use and the legal implications for those caught in possession of marijuana. Knowing the regulations governing the cultivation and possession of hemp products is important for those who have a passion for this plant, even for those who do not use it but buy auto-flowering seeds for collection from our online shop SensorySeeds.
In the following lines, you will find out what Italian legislation says about cannabis possession, what the legal limit is for personal use and in which cases cultivation is not punished.
Cannabis for personal use: Italian legislation and penalties
In Italy, the law on the possession of products derived from the cultivation of cannabis seeds states that possession for dealing constitutes a criminal offence. However, taking cannabis or possessing it for personal use is not considered a crime. However, this does not mean that those found in possession of marijuana or caught in the act of taking it do not suffer consequences.
Although cannabis for personal use is not a criminal offence, taking it and having it is an administrative offence. This entails not only the seizure of the offending product by the authorities but also administrative sanctions. For example, as a result of this offence, the prefecture may decide to suspend or prevent the obtaining of certain documents such as:
- firearms licence;
- driving licence;
- residence permit for tourist purposes.
Not only: if you are caught in possession of pot while driving, your driving licence may be withdrawn and your vehicle may be stopped if it is a moped.
The duration of the above-mentioned suspension or disqualification is considerably shorter for cannabis than for other drugs: depending on the case, the authorities may apply penalties for a period of between one month and one year. Moreover, in the case of recidivism, the prefecture may invite the person caught in possession of cannabis to follow a rehabilitation course.
How many grams of weed can you keep for personal use?
Unlike in the case of dealing, therefore, possession for personal use is not prosecuted. However, it is worth clarifying one thing: the fact that you possess weed for your use is not synonymous with criminal impunity. The authorities distinguish possession for dealing from possession for personal use according to the amount of product found.
Concerning cannabis, the maximum limit allowed for personal use is 500 mg of THC (psychoactive active ingredient present in the plant). What does this mean? That marijuana, once tested, must not exceed this concentration of tetrahydrocannabinol, which is generally contained in 3 to 5 grams.
Beware, however: weight and quantity of active ingredients are not the only parameters that the police or anyone carrying out a control takes into account. A person found in possession of cannabis ostensibly for personal use may be subject to further checks if he or she has packaging materials or anything else that could lead to dealing.
Cultivation of hemp for personal use: when is it not a criminal offence?
Except for therapeutic and legal cannabis plantations, the cultivation of which is permitted to those authorised by the competent authorities, cultivating hemp in Italy is a criminal offence. However, following a ruling by the Supreme Court of Cassation (number 20389/21), new scenarios have opened up regarding domestic cultivation for personal use. This ruling states that the conditions are not met to punish a person who cultivates a small number of hemp plants in their home (or in a private space).
In addition to the number of plants, the impunity of the grower is also influenced by other factors such as:
- the concentration of psychotropic active ingredient;
- the absence of packaging products;
- the absence of cutting substances and weighing equipment;
- the rudimentary nature of the cultivation techniques.
Therefore, should cultivation for private use be discovered by the authorities and meet these parameters, it could be cited and save the person concerned criminal proceedings.
After reading this article, it will become clearer to you in which cases the Italian State considers the cultivation and possession of cannabis for personal use and how they are punished. However, remember that cannabis seeds do not contain druggable active ingredients, so their sale and possession are not a crime.