Drug possession in Italy.
In Italy, possessing drugs for personal use is not a crime, but it leads to administrative sanctions. Possession for supply to others is a criminal offence and can lead to immediate arrest. The difference depends on the facts, not only on the quantity.
An administrative case before the Prefecture.
Possessing drugs for personal use is an administrative offence. The police report it to the Prefecture (Prefettura), which summons the person to an interview and may impose one or more sanctions for a limited period: suspension of the driving licence, of the passport or, for non-EU citizens, of the tourist residence permit, or a ban on obtaining them.
The length depends on the substance: from two months to one year for drugs such as cocaine or heroin, from one to three months for cannabis.
For a first and particularly minor episode, the Prefecture may close the case with a formal warning instead of sanctions. Missing the interview leads to the sanctions; the decision can be challenged before the Justice of the Peace (giudice di pace) within short time limits.
When it becomes a criminal case.
If the circumstances suggest the drugs were not only for personal use, the case becomes a criminal offence (art. 73 DPR 309/1990). This can lead to immediate arrest and a validation hearing before a judge: see arrested in Italy.
Minor cases (fatti di lieve entità) carry lower penalties. Whether a case is minor depends on the quantity and quality of the substance and on the means and circumstances of the conduct, and it is one of the first points the defence assesses.
Passing drugs to friends, even without payment, can also be treated as supply. What is said at this stage matters.
Searches, seized phones and statements.
In drug cases the police can carry out searches and seize phones, cash and other items. Ask for a copy of the search and seizure records (see searches and seizures).
You have the right to remain silent and to be assisted by a lawyer. Statements about where the drugs came from or who they were for can decide whether the case is treated as personal use or supply: they should not be improvised.
Driving after taking drugs.
Driving after taking drugs is a separate criminal offence (art. 187 of the Highway Code). The Constitutional Court has clarified that a positive test alone is not enough: the substance must have been taken close enough in time to be likely still affecting the ability to drive.
For alcohol, see drink-driving in Italy.
Frequently asked questions.
Is cannabis legal in Italy?
No. Recreational cannabis is not legal in Italy, even if it was bought legally in another country. Possession for personal use leads to administrative sanctions; possession for supply is a criminal offence.
Will my passport be suspended?
It can be. Suspension of the passport is one of the possible administrative sanctions for personal use, decided by the Prefecture for a limited period. It is not automatic.
Can I leave Italy?
In a personal-use case, normally yes: the administrative procedure continues and the summons can still reach you. In a criminal case, it depends on any measure ordered by the judge.
General information. It does not replace a review of the documents or advice on a specific case.
Stopped with drugs?
Call or write in English and send a photo of the report or seizure record you received.
Office in Piazza Umberto I, n. 1, 84121 Salerno, Italy. English-speaking criminal defence for visitors, residents and families abroad.