Article 73 of the Consolidated Law on Narcotic Drugs (TU 309/90) provides a detailed framework governing the production, trafficking, and management of narcotic and psychotropic substances. This law plays a central role in combating illegal drug activities by imposing strict sanctions on those who violate its provisions. In this article, we’ll examine the key aspects of Article 73, including the punishable behaviors and exceptions for personal use.
The Structure of Article 73 TU 309/90
Article 73 is divided into several sections, each addressing specific illicit activities related to drug management. Paragraph 1 sanctions all activities involving the cultivation, production, manufacturing, distribution, and sale of drugs without the necessary authorization from the Ministry of Health. These activities include transportation, sale, offering, and even possession on behalf of others.
Paragraph 2 penalizes those who, despite having the required authorization, violate the rules regarding substances not covered by their permit.
Minor and Serious Offenses
Article 73 distinguishes between lesser and more serious offenses, with the law stating that more severe actions absorb lesser ones. For instance, if someone is involved in both possession and sale of drugs in one continuous act, they are punished solely for the more severe crime—sale. However, if the acts are separated by time or context, they may result in multiple separate offenses, each punishable by law.
Personal Use and Decriminalization: Article 75 TU 309/90
An important aspect to consider is the distinction between personal use and trafficking. In some cases, behaviors such as illegal importation, exportation, purchase, or possession of drugs for personal use can be decriminalized and punished only with administrative sanctions under Article 75 TU 309/90. However, this does not apply to “production,” which is always considered a crime.
An exception is made for personal cultivation, which may be deemed legal if conducted in a rudimentary manner, without commercial intent.
Illicit Conduct Punishable under Article 73
Article 73 sanctions a wide range of illicit behaviors. Among the most notable are:
- Cultivation: Planting and growing substances that can produce narcotic effects.
- Production: Harvesting plant-based drugs like opium or cannabis.
- Manufacturing: Preparing synthetic or chemical drugs.
- Extraction and Refinement: Separating active ingredients from plants or purifying raw drugs.
- Import and Export: Transporting drugs across national borders.
- Trade and Distribution: Supplying drugs to third parties or managing a drug distribution network.
The Cultivation of Narcotic Plants
One of the most discussed topics is the cultivation of narcotic plants such as cannabis. Italian case law holds that cultivation may be considered a crime even in small quantities unless it is proven to be for personal use and conducted in a rudimentary fashion.
However, cultivation for commercial purposes, even without selling the substance, is always punishable.
Case Law on Continuous Illicit Conduct
The Italian Court of Cassation has often dealt with complex drug-related cases. One key issue is the continuity between different illegal behaviors. If multiple illicit actions are part of a single, unified project (such as ongoing drug trafficking), they are treated as a single offense. However, if the behaviors are separated by time and space, they are treated as separate crimes.
This distinction is crucial in determining penalties and the severity of charges.
Penalties for Drug Trafficking
Penalties for violating Article 73 TU 309/90 are very severe. Sentences vary depending on the amount of substance involved, the type of drug, and the individual’s role in the illegal activity (dealer, cultivator, trafficker).
In cases of cultivation or possession for personal use, administrative sanctions apply, provided it is proven that the drug was not intended for sale.
Article 73 of TU 309/90 is a key element of Italian drug law enforcement. With its detailed and strict approach, it sanctions a wide range of behaviors related to drug trafficking and production. The case law has clarified many aspects, but the distinction between trafficking and personal use remains crucial, as they are often treated differently.