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Italy: Local Judge Rules that Growing Cannabis Plants is Legal


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On the 20th of March 2013 two young men from the town of Ferrara in Northern Italy were absolved by the local Court for possession of 4 cannabis plants found growing in their apartment. Carlo Alberto Zaina, the lawyer who defended the case, challenged the constitutionality of Article 73 of the draconian Giovanardi-Fini anti-drug laws which covers the production, trafficking and possession of illegal drugs or psychotropic substances. The lawyer went further in his defense citing the 2004 EU Council Framework Decision 757 which states that drug offences do not apply “when it is committed by its perpetrators exclusively for their own personal consumption as defined by national law.” The Judge having heard the case decided to announce a final ruling rather than send the case to the Supreme Court to address the constitutionality of the charges against the two young men. Having done so, the Judge has set an important president for indoor cannabis growers in Italy.

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