ITALY: National drugs law revised, quantities defined (24/04/2006)

[Alfa]

ITALY: National drugs law revised, quantities defined (24/04/2006)
The reform of the Italian drug legislation, by the Law of 21 February 2006 and forthcoming Ministry of Health Decree, is focused on three main clusters of norms.

The first cluster concerns the introduction of criteria to define the criminal offence, to make a clear legal distinction between drug dealing and possession for personal consumption. The aim is to give no respite to traffickers, while taking drug addicts into care and directing them towards therapeutic and social rehabilitation programs.

A maximum quantity (percentage of active principle) for each substance has been established in the Ministry of Health Decree. Above these it can be assumed that the drug is held for dealing, unless proven otherwise. Exceeding this limit does not constitute an absolute presumption of guilt, but it is only one of the elements which the courts will assess together with other factors (e.g. equipment for packaging doses, large amounts of money, prior convictions, etc.); penal sanctions will only apply with these present. The maximum quantities have been established by a scientific commission following analysis of data related to an individual level of use. Since 1993, quantities for personal use had no defined limits.

Drug use as well as personal possession will be subject to administrative sanctions, according to the number of infringements and the dangers to public safety caused. The first time the case can end with a mere warning from the local government authority (Prefect). Subsequently, sanctions to be applied range from the suspension of the driving licence, gun licence and passport, as well as new measures, in the case of a habitual offender, to limit the social threat of someone who has caused public alarm. These may include regular reporting to police, curfews, bans from specific premises or locations, or driving bans.

The second cluster allows drug addicts who have committed crimes a greater access to alternatives to prison. Those sentenced to up to 6 years (previously the limit was 4 years) can serve their term in a public service or a therapeutic community, in order to start or continue a recovery programme. In case of refusal, the judge will still have the possibility to apply, instead of prison, a new punishment of “publicly useful work”.

The third cluster establishes the right of each user to choose freely the type and location of treatment. The possibility of certifying the state of drug addiction, up to now an exclusive prerogative of public services, will be delegated to those therapeutic services which meet quality standards established by the National Health Service, for criteria defined in the law. An earlier Ministry of Health Decree had attempted to achieve this by defining limits of the Public Services for Drug Addiction (SerTs), but the Constitutional Court refused this in March 2003 as such definition was a legal competence of the Regions. The new drug law (art. 116) instead gives individual clients the right to choose the treatment centre.

Besides the above, the new law reduces the number of lists of controlled drugs (narcotics and medicines) from six to two, with no distinction between the so-called “hard” and “soft” non-medicinal drugs. There is also strengthening of some investigative tools against drug trafficking, such as the expansion of the possibility of using undercover drug deals; whereas previously art. 97 permitted only the purchase of drugs, the new law allows also the receipt, substitution and the concealment of drugs, the use of undercover identity also to contact web sites and subjects in the communication networks, the temporary use of personal properties and real estate. These powers extend to assistants of the Judicial Police. Anyone who unauthorized reveals the identity of such undercover agents will be punished.

[enquirewithin]

This seems like a mixed blessing. No extension of police powers can be a good thing. I suppose you can't expect much from a government with a corrupt mega-rich premiere (now thankfully gone-- eventually). Do any Italians have any comment?