Legal Cannabis Mantero M5S With the League it was impossible now we will try

M5S Senator Matteo Mantero is the first signatory of a bill for the legalization of recreational cannabis that was filed in Palazzo Madama last January. At the time, the text caused several controversies among the then government allies of the 5 Star-Lega majority, with M5S political leader Di Maio calling Mantero's proposal a good one, while Salvini's obvious rejection came.
The bill by the Five Star senator largely takes up the contents of a similar proposal developed in the last legislature by the parliamentary intergroup for the legalization of cannabis. The bicameral body mainly included representatives of the four parties that support the new government: M5S, Pd, Leu and Italia Viva. On this basis, is it possible today that the new yellow-red majority will take up the issue of legalization again? "It's difficult - replies Mantero -, but relaunching the debate is the best way to reach the goal as soon as possible"

Bill initiated by Senator Mantero
Provisions on the legalization of cultivation, processing and sale of cannabis and its derivatives

RELATION

In Italy, starting from the end of the 1980s, the legislation applicable not only to the illicit trade but also to the personal consumption of drugs has been made more stringent and punitive, regardless of any evaluation of the different social and health dangers of drugs, which are the subject of a complicated and always controversial legal classification.

At an extra-parliamentary level in 1993, a popular abrogative referendum was approved which mitigated the sanctions system introduced by Law 26 June 1990, n. 162.
In 2014, the Constitutional Court ruling no. 32 declaring the unconstitutionality of articles 4-bis and 4-vicies-ter of Legislative Decree no. 272 ​​of 30 December 2005, converted, with amendments, by Law no. 59 of 21 February 2006, the so-called Fini-Giovanardi law, cancelled the equation between so-called soft drugs, such as hashish and marijuana, and hard drugs, such as heroin and in general opiates, cocaine, amphetamines and hallucinogens.

Unfortunately, today we find ourselves faced with a situation in which criminal organizations control the production of raw materials and in consumer countries, at a political-regulatory level, it has not been possible to find a way to stem the profits of processors and intermediaries who in Italy are represented primarily by mafia-type crime, nor, even less, has it been possible to stem the spread of prohibited drugs.

The adoption of an indiscriminate repression model, which prohibits all substances in the same way, and punishes all consumers in the same or similar way, has increased costs in an extraordinary way and therefore aggravated the inefficiency of prohibitionist legislation.

The National Anti-Mafia Directorate (DNA) itself, in its annual report for 2017, stated that " it seems coherent to adopt a rigorous and clear policy of legalization of the sale of cannabis, accompanied by a parallel action at international level and in particular at European level, which allows the creation, in perspective, of a

wider area in which the phenomenon is regulated in a homogeneous way ». The DNA has therefore expressed itself « in favor of legalization, taking note on the basis of numbers, facts, investigations and trials in our possession of the failure of prohibitionist policies ». « This Office confirms, – continues the DNA – also in light of the new issues examined and the new data received, the need to concentrate the State's resources on the repression of more serious and alarming phenomena of soft drug trafficking ». The drug market – explains the report – is substantially stable as regards heroin and cocaine while the turnover of cannabis and synthetic drugs continues to rise. In the world, the overall drug trafficking business is estimated to be worth 560 billion euros per year. In Italy it is estimated to be around 30 billion euros, equal to around 2% of the national GDP. Numbers that, according to the DNA « confirm that the fight against drug trafficking remains decisive ».

Already in the report for the year 2016, the DNA had openly denounced, with regard to the action to combat the spread of cannabis derivatives, « the total failure of the repressive action » and « the literal impossibility of increasing efforts to better and more effectively repress the spread of cannabinoids », highlighting how diverting further resources to this front would have reduced the effectiveness of the repressive action on « virulent criminal emergencies, such as those represented by mafia-type crime, extortion, human and waste trafficking, corruption, etc. » and on « the fight against the trafficking of (lethal) “hard” drugs ».

In this factual framework, it is the DNA itself that proposes decriminalization policies that could yield good results " in terms of deflation of the judicial burden, freeing up available resources of the police and judiciary to combat other criminal phenomena and, finally, drying up a market that, at least in part, is the prerogative of aggressive criminal associations ".

This pragmatic approach, before any other theoretical or principled evaluation on the nature, aims or limits of prohibitionist legislation, in addition to inspiring the considerations of the DNA, has been the basis for the modification of the legislation on soft drugs also in the United States of America (USA), where the number of States that have legalised the production and sale of marijuana for recreational use has grown rapidly.

recreational, such as Colorado, Washington, Oregon, Alaska and the District of Columbia.
Even in Europe, in addition to the well-known experience of Amsterdam, recently Spain has also seen the progressive registration of the so-called "Cannabis Clubs" which, unlike the famous "coffeeshops" of Amsterdam and the "American dispensaries" (where anyone can enter), are accessible only to their own club members, members registered with a legal association of smokers. In fact, Cannabis Clubs operate as private associations and not as normal shops open to the public. The members of these clubs can guarantee for other people interested in participating, provided that the new members reside in the country of the club and are 18 years old. Most clubs source their supplies from private crops, intended only for members of the association. Each member, in turn, can intervene to define the management of the club and decide what and how to grow. In this way, members have access to a varied and quality product. In Cannabis Clubs, the grass is not sold, as this would be considered a crime, but is distributed among the various members, who are asked to pay a fee for the maintenance of the association. This way, all members can receive their amount of cannabis for free.

Just like in the USA, politicians in Europe are changing their approach to Cannabis and Italy cannot be left behind.
In light of the above, it is therefore believed that the legalization of cannabis in Italy would allow for savings in the costs associated with the criminal repression of the phenomenon and would reabsorb a good part of the criminal profits of the black market. Furthermore, allowing the self-production of cannabis
as well as regulating the production and sale of inflorescences of the so-called "light" and allowing its use for recreational purposes, would constitute an important protection of public health, as it would shift the consumption of cannabis from the illegal market of products potentially harmful to health, towards products instead grown with respect for the health of the user.

On the other hand, the experience of the States that have legally regulated the marijuana market shows that the number of consumers has not increased at all, nor has the social and health impact directly or indirectly connected to consumption. Only the legal income and tax revenue of the legalized market have grown.

In such a factual legal context, this proposed law consists of 9 articles and is aimed at:
- allow, under certain conditions, the cultivation of cannabis, individually or in association;

- provide for the legality of possession of cannabis within certain quantities;
- regulate illicit conduct by providing for a differentiation of punishment in relation to the type of substances (hard drugs, soft drugs).

Article 1 (Personal and associated cultivation of cannabis) , in paragraph 1, intervening on Article 26 of the consolidated text referred to in Presidential Decree no. 309 of 1990, hereinafter "consolidated text", includes the personal and associated cultivation of cannabis among the lawful cases, as a conduct not subject to any authorization regime. In essence, through the introduction of this article: 1) the cultivation of cannabis for so-called recreational purposes is legalized (and the consequent possession of the product obtained from it) under certain conditions and within precise limits, concerning both the subjective requirements (adults) and the admissible quantities (three female plants); 2) cultivation in an associated form is also permitted, through non-profit organizations, on the model of the Spanish cannabis social clubs in which only adults and residents in Italy can join, in a number not exceeding thirty. It is possible to join only one of these bodies, under penalty of automatic cancellation from all those to which the subject is registered and, in any case, the forfeiture of the right to join for the five years following the date of ascertainment of the violation. It is established that those who have been definitively convicted of certain crimes of greater social danger (mafia-type association, illicit trade in drug precursors and association aimed at illicit trafficking of narcotic or psychotropic substances) cannot be part of the governing bodies. As regards the terms for starting the conduct (cultivation and subsequent detention), it can be carried out, for individual cultivation, from the day after the communication is sent to the office of the territorially competent Prefecture; for cultivation in an associated form, however, after three months from the date of sending the communication, without the competent office of the territorially competent Prefecture having ruled negatively on the existence of the prescribed subjective requirements. The following remain

: in any case, conduct is punishable, even if it involves quantities of substance lower than the limits indicated, which integrate the provisions of Article 73 of the consolidated law. This provision, together with those of Article 30-bis (personal possession) – introduced by Article 2 – and Article 73, paragraph 3-bis (free transfer), of the same consolidated law – introduced by Article 3 –, indirectly defines specific principles aimed at regulating personal use and the conduct leading to it, establishing the « quantitative limits » of permitted cultivation and possession and of group practices (typically, the « passing » of the joint) which are not punishable. In paragraph 2 of the same article, in order to guarantee the confidentiality of personal data, in order to be able to carry out the cultivation of cannabis, regulated by paragraph 1, the same is included among the so-called sensitive data, pursuant to Article 4, paragraph 1, letter d), of the code regarding the protection of personal data, pursuant to Legislative Decree no. 196 of 2003.

Article 2 (Personal possession of cannabis) inserts the regulation of personal possession of cannabis and products derived from it into Title III of the consolidated law, concerning certain types of legal conduct. In essence, the current approach is reversed, to allow adults to possess a small quantity of cannabis (5 grams, which can be increased to 15 grams in a private home), not subject to any authorization regime. However, conduct remains punishable, even if it involves cannabis in quantities lower than the established limits, for the cases provided for in Article 73 (for example, small-scale dealing). In essence, as already mentioned, specific principles are introduced aimed at regulating personal use, establishing its full legalization. Furthermore, the personal possession of cannabis and products obtained from it for therapeutic purposes is regulated (not of medicinal products containing natural or synthetic derivatives of cannabis, on which specific regulations already exist), even in derogation from the limits set out in paragraph 1 of Article 30-bis, introduced by Article 2 under examination, subject to a medical prescription and in any case within the maximum quantitative limit indicated in the prescription itself. Finally, a general principle of exclusion of the intake (smoking) of products derived from cannabis in public places, open to the public and in public and private work environments is established.

Article 3 (Non-punishable conduct and minor offences), amending Article 73 of the consolidated law, in paragraph 1: letter a) establishes the non-punishability of the free transfer of cannabis and products obtained from it under certain conditions and within specific limits. In essence, the free transfer to an adult (and in any case the transfer between minors) of a modest quantity of cannabis less than one gram and products derived from it intended for personal consumption is decriminalised and in any case within the maximum limit foreseen for permitted personal possession, provided that it is cultivated in a personal and associated form in compliance with the provisions of the previous Article 1, as this quantity is presumed to be intended for personal consumption. This provision, together with that of Article 30-bis (personal possession), introduces a quantitative limit within which the conduct is considered in itself to fall within the scope of individual or collective consumption, unless proven otherwise; letter b) reformulates the rules for minor crimes, adapting them to the reinstated distinction between soft drugs and hard drugs, following the ruling of the Constitutional Court (Ruling no. 32 of 2014), in order to avoid the irrational equalisation of the sanctioning treatment for minor crimes, regardless of the type of substance.

Article 4 (Administrative Offences) , amending Article 75 of the Consolidated Law, in paragraph 1: letter a) excludes the administrative sanctionability pursuant to paragraph 1 of the same Article 75 (for example suspension of the driving licence, the firearms licence, the passport) of the conduct indicated therein, aimed at the personal use of cannabis derivatives or also concerning the substances included in Table IV of the Consolidated Law. Letter b), establishes that the conduct referred to in paragraph 1 of the same Article 75 (including, in this case, cultivation), having as their object cannabis and products derived from it, is attributed the relevance of an administrative offence, and provides for the application of a pecuniary sanction, only in the case in which they occur in violation of the limits and methods prescribed in terms of permitted possession and cultivation, by an adult (payment of a sum from 100 to 1,000 euros, in proportion to the seriousness of the violation committed). The sanctions are significantly increased (fivefold) in the case of violation of the rules on associated cultivation. This provision, replacing the current paragraph 1-bis of article 75, abolishes the

reference to the necessary verification of the destination of the substances for exclusively personal use, which is instead considered presumed, unless conduct falling within the provisions of Article 73 is ascertained (i.e. cultivation, importation, possession for the purpose of dealing).

Article 5 (Legality of cultivation and sale) intends to broaden the scope of application of Law 242 of 2016 "Provisions for the promotion of cultivation and the agro-industrial supply chain of hemp" by integrating Article 2, paragraph 2 with two additional letters: fresh and dried inflorescences for food use (letter h) and material intended for the distillation of essential oils, the extraction of terpenes and for herbal and flavouring use (letter i), also providing that the percentage of THC contained therein is less than 1% and that the quality standards relating to production and conservation are guaranteed. A further paragraph is also introduced to the law providing that the label of the sales packages of fresh and dried inflorescences for food use and of the material intended for the distillation of essential oils, the extraction of terpenes and for herbal and flavouring use, must necessarily indicate: a) the quantity of THC contained which must be less than 1%; b) the amount of active ingredients; c) the absence of heavy metals; d) the origin of the cultivation. It is also intended to make a further amendment to the Consolidated Law of the Presidential Decree of 9 October 1990, n. 309, replacing number 6, letter a) of paragraph 1, of article 14 and also providing for cannabis, including products obtained from it, with a percentage of tetrahydrocannabinol greater than 1%, their analogues and substances obtained by synthesis or semi-synthesis that are attributable to them by chemical structure or pharmacological effect.

Article 6 (Allocation of financial resources) establishes: in paragraph 1, that the proceeds from administrative pecuniary sanctions relating to the violation of the limits and methods established for the cultivation and possession of cannabis, whether in personal or associated form, are entirely allocated to information, educational, preventive, curative and rehabilitative interventions, carried out by scholastic and health institutions and aimed at drug users and drug addicts.

Article 7 (Report to the Chambers) : in paragraph 1, commits the President of the Council of Ministers to present to the Chambers, from the year following the year of entry into force of the law, an annual report on the state of implementation of the law itself and its effects, establishing some evaluation parameters related to consumption and its characteristics, the relationship between the consumption of soft drugs and other drugs, the possible persistence of the clandestine market of cannabis, as well as the use of financial resources deriving from the legalization of cannabis and its derivatives. This annual report is unified with the one on the general state of the diffusion of drugs and their consumption in Italy, currently provided for by article 131 of the consolidated law, which is repealed by paragraph 2.

Article 9 (Redetermination of penalties) provides that the enforcement judge, with his own decree, even ex officio, automatically redeterminates – reducing them by two thirds – the penalties imposed for the crimes referred to in Article 73 of the consolidated law in application of the provisions of the Fini-Giovanardi law declared unconstitutional by the Constitutional Court.

Article 9 (Entry into force) regulates the entry into force of the provisions, providing for a gradual temporal entry into force of the amendments introduced to the consolidated text and to law no. 907 of 1942. In particular, they enter into force: a) immediately after publication in the Official Journal

Official of the law, the provisions of reform of the sanctioning system, those relating to the permitted possession of cannabis and products derived from it, and on the redetermination of penalties; b) ninety days after the publication of the law in the Official Journal, those relating to permitted cultivation, in personal and associated form; c) one year after the date of entry into force of the law, the provisions relating to the obligation to send to the Chambers the report on the state of implementation of the provision and its effects.

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BILL

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ART. 1. (Personal and associated cultivation of cannabis)

1. The following amendments are made to Article 26 of the consolidated law on the regulation of narcotics and psychotropic substances, prevention, treatment and rehabilitation of the related states of drug addiction, pursuant to Presidential Decree no. 309 of 9 October 1990, and subsequent amendments:

a) the following words are added at the end of paragraph 1: « as well as cannabis cultivated in accordance with the provisions of paragraphs 1-bis and 1-ter of this article »;

b) after paragraph 1 the following are inserted:
« 1-bis. Outside the authorisation regime referred to in Articles 17 and 27 and without prejudice to the provisions of Article 73, adults are permitted to cultivate and personally possess up to three female cannabis plants and the product obtained from them. Anyone intending to cultivate cannabis pursuant to the preceding paragraph shall send, enclosing a copy of a valid identity document, a communication to the territorially competent Prefecture office, indicating their personal details and the place where they intend to carry out the cultivation. Cultivation and possession may be carried out from the day following the date of sending the same communication.
1-ter. The cultivation of cannabis in an associated form is permitted, pursuant to Title II of Book One of the Civil Code, within the quantitative limits referred to in paragraph 1-bis, in proportion to the number of members. To this end, the legal representative sends a communication to the territorially competent Prefecture office, pursuant to the aforementioned paragraph 1-bis, attaching to the same a copy of a valid identity document, a copy of the articles of association and the bylaws, which must expressly indicate, in addition to the cultivation of cannabis as an exclusive activity, the absence of profit-making purposes and the place where it is intended to be carried out as well as the list of members,

who must be adults and resident in Italy and in a number not exceeding thirty, and the composition of the governing bodies, which cannot include those who have received definitive convictions for the crimes referred to in Article 416-bis of the Criminal Code and Articles 70 and 74 of this consolidated text. For the purposes of the correct exercise in an associated form of the activities referred to in this law, the list of members must be updated and communicated in writing to the territorially competent Prefecture every six months. It is not permitted to join more than one entity whose institutional purpose is the cultivation of cannabis pursuant to this paragraph. Violation of the provision of the previous period entails the automatic cancellation from the entities to which the subject is registered and, in any case, the forfeiture of the right to join the entities referred to in this paragraph for the five years following the date of ascertainment of the violation. Cultivation and subsequent detention may be carried out after three months from the date of sending the communication, without the competent office of the territorially competent Prefecture having ruled negatively on the existence of the prescribed subjective requirements. Article 79 does not apply to the activities referred to in this paragraph.

2. In Article 4, paragraph 1, letter d), of the Personal Data Protection Code, pursuant to Legislative Decree no. 196 of 30 June 2003, after the word: « union, » the following is inserted: « the data contained in the communications pursuant to Article 26, paragraphs 1-bis and 1-ter, of the consolidated law on the regulation of narcotics and psychotropic substances, prevention, treatment and rehabilitation of the related states of drug addiction, pursuant to Presidential Decree no. 309 of 9 October 1990, ».

ART. 2.
(Personal possession of cannabis).

1. After Chapter I of Title III of the consolidated text referred to in the Presidential Decree of 9 October 1990, n. 309, as last amended by this law, the following is inserted:

« CHAPTER I-bis. OF DETENTION

ART. 30-bis. – ( Personal possession of cannabis ). – 1. Outside of the cases referred to in Article 26, paragraphs 1-bis and 1-ter, and without prejudice to the provisions of Article 73, adults are permitted to personally possess cannabis and products derived from it in quantities not exceeding five gross grams. The limit referred to in the previous period is increased to fifteen gross grams for possession in a private home. 2. Personal possession of cannabis and products derived from it in quantities greater than those provided for in paragraph 1 is also permitted, subject to a medical prescription and in any case within the maximum quantitative limit indicated in the prescription itself. In the prescription, the doctor must indicate: the prescribed dose, the posology and the pathology for which the delta-9-tetrahydrocannabinol (THC)-based therapy is prescribed. The prescription must also bear the date, signature and stamp of the doctor who issued it.

3. It is prohibited to smoke products derived from cannabis in public spaces or spaces open to the public and in public and private workplaces.
4. In the heading of Title III of the consolidated text referred to in the Presidential Decree of 9 October 1990, n. 309, after the words: « cultivation and production, » the following are inserted: « to the detention,».

ART. 3.
(Non-punishable conduct and minor offences).

1. The following amendments are made to Article 73 of the consolidated text of Presidential Decree no. 309 of 9 October 1990, and subsequent amendments:
a) after paragraph 3 the following is inserted:

« 3-bis. The free transfer to third parties of quantities of cannabis less than one gram and of products derived from it intended for personal consumption is not punishable and in any case within the maximum limit referred to in Article 30-bis, paragraph 1, provided that it is cultivated in a personal or associated manner in compliance with the provisions of the previous Article 1, unless the recipient is a minor or manifestly mentally ill. Punishability is in any case excluded if the transfer occurs between minors »;

b) in paragraph 5, the words: "six months to four years and a fine of between 1,032 and 10,329 Euros" are replaced by the following: "one to six years and a fine of between 2,064 and 13,000 Euros relating to the substances referred to

in Tables I and III provided for in Article 14, or with the penalties of imprisonment from six months to three years and a fine from 1,032 to 6,500 Euros with respect to the substances referred to in Tables II and IV provided for in the same Article 14".

ART. 4.
(Administrative offences).

1. The following amendments are made to Article 75 of the consolidated text of Presidential Decree no. 309 of 9 October 1990, and subsequent amendments:
a) in paragraph 1, subparagraph, the words: "and for a period of one to three months, if the substances in question are narcotic or psychotropic substances included in Tables II and IV provided for in the same article," are deleted;

b) paragraph 1-bis is replaced by the following:
« 1-bis. Anyone who, for personal use, unlawfully imports, exports, purchases, cultivates, receives in any capacity or in any case possesses substances included in Table II provided for by Article 14, in violation of the limits and methods provided for by Articles 26, paragraph 1-bis, and 30-bis, is subject, if an adult, to an administrative pecuniary sanction consisting of the payment of a sum ranging from 100 to 1,000 Euro, in proportion to the seriousness of the violation committed. In the event of violation of the provisions of Article 26, paragraph 1-ter, the amount of the sanction is from 500 to 5,000 Euro. In any case, even if the conduct referred to in the first period is carried out by a minor, paragraphs 2, 3, first period, 4, 5, 6, 7, 9, 10, 11, 12, 13 and 14 shall apply, insofar as they are compatible »;
c) in paragraphs 3, first period, 9 and 13, the words: « in paragraph 1 » are replaced by the following: « in paragraphs 1 and 1-bis »;
d) in paragraph 14, the words: « from paragraph 1 » are replaced by the following: « from paragraphs 1 and 1-bis ».

ART. 5.
(Legality of cultivation and sale).

1. The following amendments are made to Law 242 of 2016 “Provisions for the promotion of cultivation and the agro-industrial supply chain of hemp”:

The following letters are added to Article 2, paragraph 2:
h) fresh and dried inflorescences for food use provided that the percentage of THC is less than 1% and the quality standards relating to production and conservation are guaranteed.
i) material intended for the distillation of essential oils, the extraction of terpenes and for herbal and flavouring use provided that the percentage of THC is less than 1% and the quality standards relating to production and conservation are guaranteed.
2. After paragraph 3, the following paragraph 4 is added:

The labels on the sales packages of fresh and dried inflorescences for food use and of the material intended for the distillation of essential oils, the extraction of terpenes and for herbal and flavouring use must indicate:
a) the quantity of THC contained which must be less than 1%;
b) the amount of active ingredients;
c) the absence of heavy metals;
d) the origin of the cultivation.
3. The following amendments are made to the Consolidated Law of the Presidential Decree of 9 October 1990, n. 309:
a) number 6, letter a) of paragraph 1 of Article 14 is replaced by the following:
6) cannabis, including products obtained therefrom, with a percentage of tetrahydrocannabinol greater than 1%, their analogues and substances obtained by synthesis or semi-synthesis which are related to them by chemical structure or pharmacological effect.

ART. 6.
(Allocation of financial resources).

1. The proceeds of the administrative pecuniary sanctions provided for in paragraph 1-bis of Article 75 of the consolidated text referred to in Presidential Decree no. 309 of 9 October 1990, as replaced by Article 4 of this law, are intended for the implementation of the interventions referred to in Title IX, Chapter I, and Title XI of the aforementioned consolidated text referred to in Presidential Decree no. 309 of 1990, and subsequent amendments.

ART. 7. (Report to the Chambers).

1. The President of the Council of Ministers, starting from the year following the date of entry into force of this law, also on the basis of the data acquired for this purpose from the regions, shall present a report to the Chambers by 31 October of each year:

a) on the state of implementation of this law and its effects, with particular reference to:

1) the trend of personal and associated cultivation of cannabis as well as the cultivation of cannabis, the preparation and retail sale of products derived from it;
2) to the age groups of consumers;

3) the relationship between the use of cannabis and products derived from it and the consumption of alcohol and other narcotic or psychotropic substances;
4) the health effects observed as a consequence of the consumption of cannabis and products derived from it;
5) the specific use of financial resources pursuant to Article 6;
6) the possible persistence of the illegal market of the substances regulated by this law and their characteristics;

b) on data relating to the state of drug addiction in Italy;
c) on the strategies and objectives achieved;

d) on the directions that it is intended to follow as well as on the activity relating to the provision of contributions aimed at supporting prevention, rehabilitation, reintegration and recovery activities for drug addicts.

2. Article 131 of the consolidated text referred to in the Presidential Decree of 9 October 1990, n. 309, and subsequent amendments, is repealed.

ART. 8 (Redetermination of penalties).

1. The penalties imposed with a final conviction before the date of publication of the Constitutional Court ruling no. 32 of 25 February 2014, for the crimes provided for by Article 73, paragraph 1, of the consolidated text of the Presidential Decree of 9 October 1990, no. 309, and subsequent amendments, concerning the substances indicated in Table II

provided for by Article 14 of the same consolidated text referred to in Presidential Decree no. 309 of 1990, and subsequent amendments, committed after the date of entry into force of Law no. 49 of 21 February 2006, are reduced by two thirds.

2. If, as a result of the reduction referred to in paragraph 1, the penalties are higher than the maximum statutory limit, they are reduced to that limit. 3. The enforcement judge shall provide for the redetermination of the penalty by decree, even ex officio.

4. The judge may grant conditional suspension of the sentence and non-mention of the conviction in the criminal record certificate, when this follows the redetermination of the sentence.
5. The Court of Cassation, if it does not have to annul for other reasons the sentence of conviction for the crimes referred to in paragraph 1, committed before the date of publication of the Constitutional Court sentence no. 32 of 25 February 2014, reduces by two thirds the sentence imposed by the judge of merit.

ART. 9 (Entry into force).

1. The provisions of Article 1 shall enter into force ninety days after the date of publication of this law in the Official Journal. 2. The provisions of Articles 2, 3, 4, 5, 6 shall enter into force on the day following the date of publication of this law in the Official Journal.

3. The provisions of Article 7 shall enter into force twelve months after the date of entry into force of this Law.

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