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Italy
Europe: Italy Sets Quantity Guidelines for
Tough New Drug Law
4/7/06
The Italian government has set quantity guidelines
for illicit drugs that will determine whether drug offenders
are subject to administrative sanctions as user "victims"
or sent to prison as drug traffickers under the tough new
drug law passed in February. Under the law, anyone in possession
of more than the specified amounts is considered to be a drug
trafficker and will be prosecuted accordingly, although the
government said it could consider someone caught with just
slightly more than the proscribed quantities to be a "victim,"
not a dealer, who could be sentenced to drug treatment instead
of prison
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Italy's drug laws were relaxed in 1993, and this turn
around was engineered by post-fascist politician Gianfranco Fini,
a key lieutenant in the rightist government of Prime Minister Silvio
Berlusconi. With Italy facing elections this spring, opposition
politicians are vowing that undoing the new law will be one of their
first acts if they win power.
The figures are supposedly based on the concept of
average dose suitable for one to get intoxicated. In general, they
reflect an amount based on between five and 10 "average doses."
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Quantities that will trigger drug trafficking penalties are:
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Marijuana and hashish:
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1/2 gram or more
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Cocaine:
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3/4 gram or more
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Ecstasy:
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3/4 gram or more
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Amphetamine:
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1/2 gram or more
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Heroin:
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1/4 gram or more
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LSD:
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1/8 gram or more
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But these amounts do not refer to the actual weight of the drug,
but instead to the weight of its active ingredient. Thus, in the
case of marijuana, the law sets the quantity of THC at half a
gram, but with marijuana averaging perhaps 10% THC, that would
equate to 5 grams of pot. Similarly, one-quarter gram of 100%
pure heroin would be considered the same as one gram of 25% pure
heroin.
The quantities were set by the government's Ministerial Commission
and presented by Minister for Parliamentary Relations Carlo Giovanardi.
"Up until today there's been total arbitrariness and it can
happen that a drug addict can be convicted or not only on the
basis of the judge's discretion, setting aside the type of quantity
of the drug. This way, however, there are valid scientific parameters
and under the threshold is personal use for which the drug user
will not be penalized, but seen as a victim who wants to reform,"
Giovanardi said in a statement. But above these thresholds, "we
want the law to step in because the traffickers of death must
be beaten," he added.
Under the new law, persons caught with less than the threshold
amounts are subject to administrative sanctions such as loss of
drivers' licenses or passports, those who are determined to be
"small time" dealers face drug treatment, and "traffickers"
face from six to 20 years in prison.
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source : http://stopthedrugwar.org/chronicle/430/italy.shtml
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