Self-growing cannabis is (still) not a crime according to the Italian Supreme Court

In a ruling that upholds a previous verdict, the Italian Supreme Court of Cassation once again held that growing a small number of cannabis plants at home for personal use does not constitute a crime.

This decision follows an appeal filed by a man accused of drug possession after he grew a few cannabis plants in his garden for his own use. The Naples Court of Appeals had already partially overturned the original judgment and acquitted the defendant.

In 2019, the’The Court's highest body had already decided, in another case, that «the smallest-scale home-based cultivation activities—which, due to rudimentary techniques, the small number of plants, the very small quantity of products that can be obtained, and the absence of other indicators of their presence on the drug market, appear to be intended exclusively for the producer’s personal use—do not constitute a crime. »

In other words, if growing cannabis at home is for personal use only and does not disrupt public order or endanger public health, growing small amounts of cannabis is legal. However, the Court of Cassation is not the Parliament. While the former can suggest how to interpret a law, only the latter has the power to amend it.

Until Italian law is amended, more and more trials will end in acquittals, thereby creating a rift between Parliament and the courts.

A Shift in Approach to Home-Grown Cannabis

In the verdict rendered on February 24 and reported by Cannareporter, the judges noted that the defendant was «simply» a regular cannabis user and that there was no reason to believe that his future harvest was intended to be sold or distributed to third parties.

Furthermore, the cultivation process relied solely on rudimentary techniques, which resulted in a limited number of plants and a negligible amount of cannabis.

In applying these criteria, the court confirmed that the defendant’s conduct was not harmful. The court recognized that the cannabis found was intended solely for personal use, with no indication of any intent to sell or distribute the product.

The ruling was welcomed by advocates for drug policy reform, who see it as a step toward a more rational, evidence-based approach to drug laws.