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Legal Cannabis: Sale, Possession and Regulation

- Categories : Legal Cannabis
Legal Cannabis: Sale, Possession and Regulation

In Italy, legal cannabis is considered as such if the THC level is no higher than 0.5%. But you might ask yourself: is legislation in Italy really that simple? Is this simple fact really enough to establish the legality or otherwise of a cannabis inflorescence? The question is complex, and for this reason we have decided to dedicate an entire article to inform you about the different laws and judgments concerning the world of cannabis light.

Legal Cannabis and Sativa L Cannabis

There are several strains and varieties of cannabis plants, the most common and used are cannabis sativa and cannabis indica. Due to the chemical characteristics of the two varieties, cannabis sativa is identified by Italian law as the only phenotype from which it is permissible to produce legal cannabis.

The sativa strain of the cannabis plant tends to contain lower THC and higher CBD levels than indica. Thanks to these characteristics it is therefore indicated as the only strain capable of providing legal inflorescences and therefore according to the law.

It is therefore clear that a legal cannabis inflorescence, to be defined as such, must come from a cannabis sativa variety AND have a THC value of less than 0.5%.

cannabis legale

Cannabis light and law 2 December 2016, n. 242

The conditions of legality of light cannabis just described refer to law n. 242 of 2 December 2016. The law clarifies how the marketing, production and consumption of light cannabis are lawful as long as it comes from crops that comply with the law itself and therefore comply with the conditions indicated in the previous paragraph.

So is this 2016 law enough to manage and understand the legislature that revolves around the world of legal cannabis? Unfortunately no, over the last 4 years things have changed a bit, and if you continue reading you will find out how.

Judgments of the cassation and amendments

The law 2 December 2016, n. 242 is not sufficient to clarify the position of cannabis light in the legal system. Despite the law, there have been several episodes of hemp seizures in commercial establishments, and many of them at least questionable. Furthermore, there have been several resolutions presented by political parties notoriously adverse to the cannabis world.

In light of all this, the authorities have decided to take a clear stance by intervening. This intervention came from the Supreme Court of Cassation, Sec. VI penal, which with sentence no. 4920/2019 carried out an interpretation of the existing legislation.

cannabis legale

Legal Cannabis and Judgment No. 4920/2019

The Court of Cassation clearly clarifies the issue of controls:

"The trader will not be punishable under art. 73 DPR 309/1990 where it documentally proves the lawful origin of the inflorescences from lawful crops, by virtue of the presumption of legality of the documentation (tax and transport) that accompanies a lawful product."

In essence, in the presence of documentation, which certifies the origin of the cannabis light from lawful and compliant cultivations, the seller cannot be prosecuted.

As follows: “It cannot be punishable pursuant to art. 75 the consumer found in possession of cannabis light, since it is the position of a subject who freely benefits from a legitimate good, resulting in the limit of 0.6% of THC the threshold below which cannabis has no significant psychotropic effects legally pursuant to DPR 309/1990."

Translated from the bureaucratese, it means that the legal cannabis user cannot be prosecuted, as long as the substance in his possession comes from a retailer who obtains supplies from one of the crops in accordance with the law .

Legal cannabis and common sense

If from a strictly legal point of view, the risks for the consumption of legal cannabis are minimal, the invitation is to be cautious. Therefore, avoid traveling, especially by public transport, carrying cannabis light. Drug dogs, although man's best friend, are unable to distinguish legal cannabis from illegal cannabis. You may therefore have problems with police drug checks.

If you really have to travel taking it with you, the advice is to keep the packaging intact , so that the contents are undoubtedly the responsibility of the seller and cannot in any way have been exchanged.

Crystalweed's airtight packages are specially designed to maintain the freshness of the product, but also to make legal responsibility for the content unambiguous.

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