Drug use and possession - ITALY
Use of drugs is not mentioned in the law as a criminal offence. However, possession of all drugs is prohibited and punishable by administrative sanctions in case of personal use, and by prison sentences in case of dealing or trafficking.
When a person is found in possession of drugs classified in tables II or IV (marijuana, hashish, (II), therapeutic drugs which can produce dependence (IV)) and they are only for personal use, the person will be summonsed for an interview with the Prefect of Police or his representative. If the person agrees to refrain from offending in the future, on the first occasion of the summons, he may receive a warning of the dangers of drugs and be formally requested not to use illegal substances again. If the person is a minor, this approach is used no matter in which table the drug is listed. Wherever possible in such cases the family of the person is informed on the facts and invited to contact available social/health services.
Should the person be found in unlawful possession of a controlled drug again, he may be re-summonsed to a meeting where the reasons for the violation are examined and new arrangements may be established to prevent further violations. In such instances the Prefect is assisted by advisers from local health/social services and at this stage the person may be subject to administrative sanctions. These include suspension of driving and gun licences, of the passport and of other equivalent documents. As said the law makes a distinction between drugs in table I (opiates, cocaine, amphetamines, etc.) and table III (barbiturates and hypno-sedatives) and drugs in table II (cannabis) and IV. For the former group, the administrative sanctions are for a period of four months whilst for the latter group the sanctions are reduced for a period of 2 months.
Someone summonsed for an interview having been found in unlawful possession of drugs may voluntarily request a treatment or rehabilitation service (as defined in the law). At this point proceedings are suspended whilst the user is referred to the Services for Treatments (Ser.T) for an assessment, which must be completed within a specified time. If the user fails to attend the programme or leaves without a valid reason, he is called for a second interview with the Prefect or his representative and advised that he should follow the programme and of the consequences if he fails to do so.
A second failure results in a referral to either the public prosecutor for the magistrates court (in the case of adults) or the public prosecutor for the juvenile courts (in the case of minors).
Anyone who has more than two failures in attending or completing a treatment programme with no valid reason, is subject to one or more of the following measures: prohibition to leave the place of residence without authorisation; obligation to present themselves at least twice a week to the police; be subject to a curfew; be banned from visiting certain locations indicated in the order; have suspended driving and gun licences, passport and equivalent documents; be obliged to undertake unpaid work for the benefit of the community at least one working day a week; seizure of any vehicle owned by the user which was used to transport or hold drugs, as well as confiscation of the drugs; probation assignment; and in the case of non-Italians, suspension of the residence permit. These may be imposed for a period of 3 to 8 months in the case of table I and III drugs and for a period of 2 to 4 months in the case of drugs in tables II and IV.
