Italian Supreme Court Blocks Marijuana Legalization Referendum

Italy’s Supreme Court of Cassation, which ruled against a referendum to decriminalize cannabis on February 16. (Wikimedia Creative Commons)

The Supreme Court of Cassation in Rome, the highest appellate authority in Italy, ruled on February 16 to deny a proposal that would remove criminal penalties for growing and selling cannabis. Despite gaining over 630,000 signatures, the referendum was blocked by court officials who cited concerns of Italy’s violation of international law had the popular mandate been approved, according to English-language newspaper The Local. Italy would have been the second European Union member state to legalize cannabis, following the Maltese parliament’s decision to similarly reform Malta’s cannabis laws in December 2021.

Reuters reported in September of 2021 that the proposal had gained enough signatures to go to the court, after having quickly accumulated more than the 500,000 needed. The online petition made it easy for supporters to participate in the movement. Proponents of the referendum argued the legalization of cannabis in Italy would have resolved the issue of the state’s overcrowding in prisons. The Italian-based Antigone Association found in 2018 that nearly one-third of detained citizens in Italy were there for drug-related charges. 

This is not the first time that cannabis products have been the subject of legal debate and reform in Italy. Hemp, a type of the cannabis plant containing less than 0.3 percent of the active ingredient in marijuana known as tetrahydrocannabinol (THC), had been legalized for cultivation and industrial use in 2016. Since this law was passed, Italian farmers facing economic crises and seasons of drought were able to revitalize their businesses as hemp farmers. The Guardian estimates that between 2016 and 2018, the hectares of land dedicated to cultivating hemp grew from 400 to over 4,000.

After the court’s decision to block the referendum, discourse across Italy has ignited legal debates. The Italian online legal forum La Legge Per Tutti (The Law For All) explains that critics were not only concerned with the legalization of other drugs included in the proposal, such as opium and cocaine, but also possibility of encouraging addiction amongst the Italian population. However, data presented before the Italian Chamber of Deputies in 2020 proved that consumption of cannabis continues to grow despite its criminalization. This referendum, as its proponents have championed, would greatly contribute to reforming Italy’s criminal justice system. 

Cannabis laws across Europe are enmeshed in a tricky legal network. Portugal, notable for its infamously broad decriminalization of most drugs in 2001, still charges small civil penalties for marijuana possessions alongside two other EU member states: the Netherlands and Spain. Recreational use is limited to approved spaces and other drug usage can only be approved by prescription. It should be established that Italy’s referendum sought to take away harsh criminal penalties, ranging from 6 to 20 years in prison, for cannabis cultivation and use, whereas Portugal maintains smaller fines and little legal repercussions. Nevertheless, the creation of these legal channels has resulted in a massive shift in cannabis use and crime across Portugal since the 2001 decision. 

The Portuguese drug model has brought both costs and benefits. The British Journal of Criminology found that ten years after all illicit drugs were decriminalized, harmful drug usage fell, as did arrests for drug trafficking and prison populations. The study furthers the gravity of Italy’s problematic criminal justice system through empirical evidence of the benefits of drug legalization models from nearby EU states. However, opponents' concerns with overall use and crime are also underpinned. As of 2020, murders in Portugal had increased by 41% over the course of two decades, as well as the act of drug trafficking. Contrasting data contributes to the notion that this debate will continue to enlarge as both sides provide evidence supporting their perspectives. 

For now, the Italian Supreme Court has shot down current attempts to follow the trend of cannabis legalization across the European Union. While the court has taken a clear position against reforming Italy’s current drug laws, challenges still remain to the legality of its referendum denial. EuroNews reported that Italian centrist secretary Benedetto Della Vedova stated that the court’s decision "deprived Italy of a public debate and an electoral process for reforms on freedom and responsibility.” Even with the final legal decision made, it is clear this issue will be revisited as drug policies within the continent change and advocates continue to champion their right to use marijuana.