TEODORI, STANZANI, GHEDINI, CALDERISI, AGLIETTA, d'AMATO Luigi, FACCIO, MELLINI, MODUGNO, PANNELLA, RUTELLI, VESCE, ZEVI.

ABSTRACT: The draft bill presented by the European Federalist Parliamentary Group aims at eliminating the criminal organizations thriving on drugs by means of a legalization and regulation of all psychoactive substances.

(Chamber of Deputies, Xth legislature, Draft Bill n. 3461 presented on the 15th of December 1988)

REPORT

Honourable colleagues!

for the battle against drugs our draft bill proposes a radically alternative solution both to the existing situation and to the regulations recently proposed by the Government.

The prohibitionist strategy, based, in other words, on more or less strict forms of prohibition on psychoactive substances, and first of all heroin and cocaine, has failed in all parts of the world, producing effects and results opposite to those hoped for. The governmental forces that are opting in Italy for the penalization and criminalization of individual consumption of various drugs are fostering a dangerous illusion of repression, the failure of which has been proved everywhere.

The authoritative Science magazine, organ of the American Association for the Advancement of Science, in an editorial of the 9th of September 1988 states: "The nation is strangled by anger, sighs and crocodile tears are taking the place of a policy of active battle against drugs. Our need to accuse drugs, their providers and consumers, is surpassed only by our absence of determination in developing an effective global policy. We must have a tough approach..."

With prohibition in force, and most probably as a consequence of it, the following phenomena been registered in all Western countries:

a) a tremendous increase of occasional and regular consumers of heroin and cocaine;

b) an exponential growth of the number of deaths related to the abuse of these same substance;

c) an unprecedented wave of violence and crime as a consequence of the regular consumers' need to find money;

d) the development of the most powerful and diffused empire of internationally organized crime, with an unprecedented accumulation of financial profit, capable of subjugating and corrupting men and entire states.

It is our opinion that the way to attempt to effectively face the four phenomena above, which have experienced a tremendous expansion as a consequence of prohibition, is the legalization of the substances, the manufacture and the distribution of which is presently the monopoly of large scale crime. It is no doubt a difficult way, which must be undertaken by steps and successive stages, with an international cooperation. But history (and especially for that which concerns the alcohol regime during the twenties in the U.S.) teaches us that it is not only a reasonable hypothesis, but one that will also yield positive results.

Our draft bill must be seen in the context of the major international debate on "prohibition and antiprohibitionism" which is presently being discussed in the scientific, cultural, political and governmental milieus of the United States and of many European countries. We are proposing, for Italy, a regulation concerning only the way to repress the illegal market of psychoactive substances, without examining the problems concerning treatment for drug-addicts and the relevant social and sanitary problems.

The first condition in order to achieve conceptual clarity and theoretical rigour is the separation between the problem of the repression of the illegal market and the battle against drug-related organized crime (which is the aim of our bill) and between the social and sanitary aspect relative to the treatment of the wounded of this "war" on drugs. The Radical members of Parliament will shortly present a second draft bill concerning drug-addicts and the relevant structures for their treatment.

At a moment in which illiberal and authoritarian conceptions seem to re-emerge, charging the State with "ethical" tasks of moral enunciation, which could transform it into a "State-Preacher" a "State-Policeman" and a "State-Nurse", we believe it fundamental to separate the sphere of repressive positive norms from those concerning the ways to treat the social consequences of individual, freely chosen behaviours.

The fundamental points of the bill are:

1) the legal regulation of all psychoactive substances (a scientifically more accurate denomination as compared to the one currently used for "narcotic and psychotropic" substances), that is, of so-called "drugs";

2) a new classification of psychoactive substances, with the inclusion of beverages containing a percentage of alcohol exceeding 20·, tobaccos and cannabis in the last three regulated tables (in a decreasing order of risk and danger);

3) the inclusion of heroin and cocaine in the official pharmacopoeia, and their subjection to a regime of monopoly;

4) the legalization of cannabis;

5) a taxation devised in such a way as to determine a retail price progressively proportioned to the risk: cannabis at the price of tobacco; heroin at a price ten times higher and cocaine at a price twenty times higher than that of spirits;

6) the prohibition of any commercial propaganda and a negative publicity for all substances, including alcohol and tobacco;

7) the distribution of all psychoactive substances (including heroin and cocaine and with the exclusion of alcohol, tobaccos and cannabis) only in pharmacies on presentation of a prescription written by a physician;

8) the possibility for each physician to write prescriptions of the substances (for a maximum of one daily dose multiplied by three) with the duty of informing the patient of the characteristics of the substance, its ascertained effects and the risks involved in the assumption of it (so-called "informed consent");

9) the possibility of guaranteeing a controlled and prolonged distribution to those drug-addicts who explicitly request it by means of a card ensuring the distribution of the substance they depend on for a period of 90 days;

10) the strict repression, by means of a system of harsh penalties, of all activities related to the production, the manufacture, the sale, the distribution, the purchase, the importation or exportation of psychoactive substances (drugs) that are not included in the legal procedures above.

With our bill, the first to attempt an application of the antiprohibitionist strategy in concretely operative norms in Italy, we intend to pursue specific goals:

a) to radically crush the drug traffic and the criminal organizations that thrive on it;

b) to create the conditions such as to avoid further acts of violence on the population on the part of drug-addicts who are searching for money;

c) to drastically reduce the deaths related to drug abuse and to confront the situation of alienation and debasement of the drug-addicts, who are forced to conduct illegal lives under the control of criminality;

d) to seriously tackle the diffusion of AIDS, which concerns, in Italy, drug-addicts of risk groups for 2/3 of all cases.

INDEX

Art. 1 - Aims of the draft bill

Art. 2 - Psychoactive substances

Art. 3 - Criteria for the composition of the tables of substances subjected to control

Art. 4 - Integration of the official pharmacopoeia

Art. 5 - Substances subjected to monopoly

Art. 6 - Manufacturing shares

Art. 7 - Authorization for the manufacture

Art. 8 - Eligibility of the plant for the manufacture

Art. 9 - Control on the processing cycles

Art. 10 - Control on raw materials

Art. 11 - Authorization for the use

Art. 12 - Authorization for the wholesale trade

Art. 13 - Tax regulations

Art. 14 - Ban on commercial propaganda

Art. 15 - Negative advertisement

Art. 16 - Distribution

Art. 17 - "Informed consent"

Art. 18 - Distribution to drug-addicts

Art. 19 - Illegal activities

Art. 20 - Fraudulent facilitation of the use of psychoactive substances

Art. 21 - Specific aggravating circumstances

Art. 22 - Induction to the use of psychoactive substances

Art. 23 - Driving in a state of intoxication

Art. 24 - Accessory penalties

Art. 25 - Treatment of prisoners who are regular consumers of psychoactive substances

Art. 26 - Abrogation

ART- 1

AIMS OF THE DRAFT BILL

The present law subjects psychotropic substances to a legal regulation in order to subtract the drug traffic from the criminal organizations.

ART. 2

PSYCHOACTIVE SUBSTANCES

1. The expression "psychoactive substances" refers to the substances listed in tables I, II, II, IV, V, VI, VII, VIII and IX of art. 3.

2. In compliance with the criteria mentioned in art.3, the psychoactive substances are grouped in seven tables, to be approved with a decree of the Health Minister, in agreement with the Justice Minister, the Minister of Interior Affairs, and with the Minister of Finance, after having consulted the national Health Board and the Higher Institute of Health.

3. The Health Minister, having heard the opinion of the national Health Board and of the Higher Institute of Health, will deliberate within six months from the promulgation of the present law, and will revise the dispositions concerning the therapeutical uses of the substances included in the tables every six months, especially for that which concerns the differentiated procedures for the prescription and consignment in the pharmacies, and those concerning the constant control of such uses and of their sanitary relapses.

ART. 3

CRITERIA FOR THE COMPOSITION OF THE TABLES OF SUBSTANCES SUBJECTED TO CONTROL

The inclusion of psychoactive substances in the tables listed in art. 2 will be made in compliance with the following criteria, assuming that the preparations containing the substances listed are included in the same tables :

a) table I includes:

substances composed with amphetamine that have a stimulating effect on the central nervous system;

b) table II includes:

derivatives of indole, both tryptaminic or lysergic, phenylethylamine derivatives, that have hallucinogenic effects or that can cause sensorial distortions;

c) table III must include:

1. Opium and the substances from which natural opiate substances can be obtained, extracted from the somniferous poppy; narcotic-analgesic alkaloids that can be extracted from it; substances obtained through a chemical transformation from those above mentioned: substances that can be obtained through synthesis, that can be assimilated, for their chemical structure of for their effects, to the opiate substances above listed; possible important intermediaries for their synthesis;

2. Any other substance that produces effects on the central nervous system and has the capacity to cause physical or psychological addiction of the same degree or of a higher degree of those above mentioned;

d) table IV must include:

coca leaves and alkaloids that can be extracted from coca leaves, capable of stimulating the central nervous system, and substances having a similar effect obtained through chemical transformation of the alkaloids above mentioned or through synthesis;

e) table V includes:

tetrahydrocannabinols and similar;

f) table VI must include:

hypnotic-sedative and/or anxiolytic substances that can induce physical or psychological addiction or both;

g) table VII includes:

beverages containing ethylic alcohol in a quantity exceeding 20%;

h) table VIII must include:

tobaccos and derivatives;

i) table IX must include:

cannabis indica and products obtained from it, the substances that can be obtained through synthesis or semi-synthesis similar to these in chemical structure or pharmacological effect, with the exception of those listed in Table V.

2. The table includes all isomers, esters and ethers and the salts relative to isomers, esters and ethers, as well as steroisomers in cases in which these can be products relative to the substances and the preparations included in the tables, unless otherwise specified.

3. The substances included in the tables are indicated with the common international denomination and the chemical name, if these exist, and with the common and usual Italian denomination or with that proper of the pharmaceutical product to be sold. For the application of the present law, it is however considered sufficient to indicate any one of the denominations of the substance or product in the table, provided it is suitable to identify it.

4. A special table, to be approved with the procedures described in art. 2, will list all plants suitable for the production of psychoactive substances that can be grown only with the authorization of the Health Ministry.

ART. 4

INTEGRATION OF THE OFFICIAL PHARMACOPOEIA

1. The substances listed in tables III and IV provided by article 3 are included in the Official Pharmacopoeia of the Italian Republic, in compliance with art. 124 of the Royal Decree n. 1265 of 27 July 1934.

ART. 5

SUBSTANCES SUBJECTED TO MONOPOLY

The importation, manufacture, preparation and sale of the substances listed in tabled III and IV as provided by article 3 are subjected to a State monopoly in the whole territory of the Italian Republic.

2. The importation, production, manufacture, preparation and sale of the substitutes of the substances listed in comma 1 are forbidden.

3. The manufacture of the substances listed in the present article is restricted to the Military Chemical-Pharmaceutical Plant, which provides to it in compliance with a programme approved annually by a special inter-ministerial committee composed by representatives of the Health Ministry, the Defence Ministry and the Finance Ministry, and presided by the President of the Council of ministers or by a delegate of the latter.

ART. 6

MANUFACTURING SHARES

1. The inter-ministerial committee referred to in art.5 will establish, within the month of November of each year, in consideration of the directives issued from international conventions, the quantities of the different substances included in tables I, II, III, IV, V and VI as in art. 3, which may be produced and sold in Italy or abroad in the course of the following year, in compliance with the present law.

ART. 7

AUTHORIZATION FOR MANUFACTURE

1. Any person who intends to obtain the authorization to extract, or produce through synthesis, psychoactive substances other than those listed in tabled III and IV as in art. 3, will apply to the Health ministry within the 31st of October of each year.

2. The application will be completed by a certificate testifying the membership in the professional register of the technical director, who must have a degree in chemistry or pharmacy or other similar degree.

3. Applications, complete with the certificate testifying the registration at the Chamber of Commerce, Industry, Handicraft and Agriculture, will contain:

a) the applicant's personal data: the owner of the firm, or the legal representative of the corporation, responsible for the law;

b) the registered office, the location and the description of the manufacturing corporation or firm, with a graphic description of the premises designed for the manufacture and the storage of the processed merchandise or the merchandise to be processed.

c) the technical director's personal data, who assumes the responsibility together with the owner of the firm or the legal representative of the corporation;

d) the quality and the quantity of the raw materials necessary for the processing;

e) the substances it is intended to manufacture, as well as the procedures used to extract them, with the specification of the presumable processing output.

4. The authorization is valid also for the purchase of the relative raw materials and the sale of the products obtained, as well as for the manufacture.

ART. 8

ELIGIBILITY OF THE PLANT FOR THE MANUFACTURE

1. Every plant designed for the activities listed in articles 6 and 7, must be equipped with premises used exclusively for the manufacture of psychotropic substances, with machinery and means that are adequate for the purpose, as well as with premises suitable for the custody of the finished products and of the raw materials.

2. The Health Minister will ascertain the existence of the requirements as in comma 1.

3. In the case that the applicant does not possess a licence to operate a pharmaceutical plant, he must provide himself with such licence.

4. The Health Minister will ascertain, by means of an inspection, the eligibility of the plant in compliance with article 144 of the single text of sanitary laws, approved with Royal Decree n. 1265 of July 1934, and subsequent modifications.

5. The expenses for such controls will be paid by the applicant, and the relative retrievals will be paid with appropriation to a special section of the estimate of state revenues.

ART. 9

CONTROLS ON PROCESSING CYCLES

1. One of more petty officers or troop militaries of the Revenue Guard Corps will be stationed at every corporation or firm authorized to perform the production as of comma 1 of article 7, for the control of the entry and exit of raw material and of the products, as well as for the permanent supervision during the processing cycles.

2. The surveillance may be ordered by the Health Ministry, following an agreement with the general command of the Revenue Guard Corps, also at single corporations or firms authorized to use the produced substances.

3. The service instructions are given by the general command of the Revenue Guard Corps, in compliance with dispositions generally agreed with the Health Ministry, also for that which concerns the coordination.

4. The firms will provide the military personnel charged with the surveillance suitable premises for the performance of the operations of supervision, equipped for rest shifts if the processing cycles are carried out during the night.

ART. 10

CONTROL ON RAW MATERIALS

1. The Health Minister, in the context of the criteria given by the Committee, as of article 5, exerts the control on the quantities of raw materials and of the substances relative to the processing, as of article 6, in possession of each plant and on their destination, with special attention to the quantitative distribution on the market.

2. The Health Ministry may in any moment restrict or ban, if particular circumstances call for it, the manufacture of single psychoactive substances.

3. The specialized organs charged with the control will perform occasional actions of control, both on their own initiative and upon the request of the Health Ministry.

4. In compliance with article 5, for the substances produced by the Military Chemical Pharmaceutical Plant, the provisions listed in comma 2 are adopted by the inter-ministerial Committee as of the same article 5.

ART. 11

AUTHORIZATION FOR THE USE

1. Any persons who intends to obtain the authorization to make use of the psychoactive substances listed in tables I, II, III, IV, V and VI, as of article 3, provided he has a regular authorization to operate a pharmaceutical plant, will apply to the Health Ministry according to the procedures as of comma 3 of article 7, if applicable.

2. The Health Ministry will ascertain if the premises are eligible for the preparation, the use, and the custody of the raw materials and of the products.

3. The authorization decree is valid for the purchase and the use of the substances subjected to control, as well as for the sale of the preparations obtained.

4. The expenses relative to the controls listed in comma 2 will be paid by the applicant, and the relevant retrievals will be paid with appropriation on a special section of the estimate of state revenues.

ART. 12

AUTHORIZATION FOR WHOLESALE TRADE

1. Any person who intends to obtain the authorization for the wholesale trade of psychoactive substances will apply to the Health Ministry, separately for each deposit or branch.

2. The Health Ministry will ascertain the eligibility of the premises equipped for the storage and the custody of the substances and of the products.

3. The expenses relative to such controls will be paid by the applicant with appropriation on a special section of the estimate of state revenues.

4. The application, completed with a certificate testifying the membership in the Chamber of commerce, industry, handicraft and agriculture, will provide:

a) the owner's personal data or the denomination of the firm, with the specification of its legal representative;

b) the personal data of the person responsible for the firm, and the specification of the requirements listed as in article 188 bis of the Royal Decree n. 1265 of 27 July 1934;

c) the location of the offices, the branches, the deposits or the warehouses in which the trade will be done, with the specification of the premises intended for the reception, the detention, the dispatch and the delivery of the products listed in comma 1, with the specification of the security measures adopted;

d) the substances, the products and the pharmaceutical specialities which are the object of the commercial activity.

5. The Health ministry, after the necessary controls, releases the authorization for the trade, establishing, if necessary, the conditions and the guaranties.

ART. 13

ESTABLISHMENT OF THE PRICES AND OF THE TAX REGULATIONS

1. The inter-ministerial Committee for prices will establish each year the criteria for the determination of the retail prices of the substances listed in tables III, IV and IX in reference to articles 2 and 3 of the present law.

2. The provincial Committees for prices will establish each year the minimum retail price of the substances included in tables III and IV as well as the maximum retail price of the substances included in table IX according to the following criteria:

a) the minimum price of a daily dose of each of the substances included in table III cannot be inferior to ten times the average of the retail prices, registered in each province by the ISTAT for the previous year, of the products sold with the denomination "brandy" or with other similar denomination, bottled in containers of the capacity of 0,100 litres as defined by law n. 1559 of 7 December 1951;

b) the minimum price of a daily dose of each of the substances contained in table IV cannot be inferior to twenty times the average price in reference to letter a);

c) the maximum price of each of the substances contained in table IX cannot be higher than the retail price of processed tobaccos of the types listed in table A enclosed to the decree of the Finance Minister of 2 August 1988 specified as "Table of subdivision of the retail prices of processed tobaccos", published in the Gazzetta Ufficiale n. 187 of 10/8/88 (general release).

3. The sale of the substances and the goods contained in tables III, IV and IX, carried out in the territory of the state in compliance with article 1 of decree n. 633 of the President of the Republic 26 October 1972, is subjected to an added value tax at a rate established in the first comma of article 16 of the decree n. 633 of the President of the Republic 26 October 1972.

ART. 14

BAN ON COMMERCIAL PROPAGANDA

1. The advertisement of any preparation or substance included in the tables as in article 3 is forbidden. The disrespect of such ban is punished with detention from one to four years, if the fact does not represent a more serious offence.

ART. 15

NEGATIVE ADVERTISEMENT

1. The package and the presentation of preparations made with the substances included in article 3 must bear an inscription warning of the ascertained effects caused by the substances and the risks following their assumption.

2. The indication must be immediately evident and formulated unambiguously.

ART. 16

DISTRIBUTION

1. The distribution of the substances listed in tables I, II, III, IV, V and VI, as established by article 3, is made on presentation of a medical prescription only to a chemist, with the obligation of ascertaining the identity of the purchaser and of taking note, below the prescription, of the purchaser's personal data, in order to prevent duplications and misuses.

2. The chemist must respect the professional secrecy. The personal data of the persons as in comma 1 cannot be divulged neither to private persons nor to public administrations.

3. The data relative to the distribution of the substances, as established in comma 1, without reference to the identity of the persons, are collected for statistic purposes by the Health Ministry.

ART. 17

"INFORMED CONSENT"

1. The physician can write prescriptions for the substances included in tables I, II, III, IV, V and VI as established in art.3. Such prescription cannot exceed the daily dose multiplied by three.

2. It is the physician's duty to inform the applicant of the characteristics of the substance, of the ascertained effects and of the risks involved in its assumption ("informed consent").

3. It is the physician's duty to distribute informative material on the substance prescribed, especially prepared by the sanitary authorities.

4. The physician will write the identity of the applicant to whom he is prescribing the substance and the relative dose on a special register, which he will keep personally, and has the duty to respect professional secrecy.

5. The physician may request a statement from the applicant, releasing him from any responsibility, with the specification of the prescribed dose.

ART. 18

DISTRIBUTION TO DRUG ADDICTS

1. Upon the applicant's request the local sanitary services or boards, in the territory in which the person lives, will release a card for the supply of the substances included in tables III and IV. A decree of the Health Minister establishes the characteristics of such card to ensure a use in conformity with the law.

2. Persons who are eligible to apply for the card mentioned in comma 1 are those who declare they are regular and addicted consumers of the psychoactive substances included in tables III and IV, whose declared condition has been ascertained by a specially authorized physician.

2. A decree of the Health Minister establishes the dispositions for the ascertainment of the condition of toxicomania. Such ascertainment is performed free of charge by the sanitary service or board as in comma 1. It is forbidden to provoke withdrawal crises in the person for the purpose of performing a diagnose. The disrespect of such ban will be punished in compliance with articles 582, 583 and 590 of the Penal Code.

4. The card mentioned in comma 1, valid for no less than ninety days, may be renewed on request of the holder. The holder of the card may request the daily amount of the psychoactive substance explicitly specified in the card directly at a pharmacy.

5. The local sanitary service or board will keep the documents relative to the ascertainment of the condition of drug addiction and to the concession of the card. The data contained in such documents cannot be divulged neither to private persons nor to public administrations, in compliance with the norms of professional secrecy.

ART. 19

ILLEGAL ACTIVITIES

1. Any person who, without an authorization, produces, prepares, extracts, offers, sells, distributes, purchases, gives or receives under any circumstance; provides others with, imports, exports, transports, even in transit, or illegally detains psychoactive substances included in tables I, II, III, IV and V as established in comma 3, is punished with detention from four to fifteen years, and with a fine of three to one hundred Lire.

2. Any person, who, in possession of the authorization established in article 3, illegally gives, sells or charges others to sell the substances or the preparations indicated in the previous comma, is punished with imprisonment from four to eighteen years, and with a fine of ten to one hundred Lire.

3. The same penalties are applied to persons who produce psychoactive substances other than those established in the authorization decree.

4. The purchase, the sale, the transfer under any conditions, and the illegal detention, in quantities inferior to three times the dose established in compliance with comma 1 of article 17, of substances included in tables I, II, III, IV and V of the previous article 3, are punished with detention from one to three years and six months, and with a fine of one million to twenty million Lire.

ART. 20

FRAUDULENT FACILITATION OF THE USE OF PSYCHOACTIVE SUBSTANCES

1. Any person who, with the purpose of making a profit, uses public premises or a private club of any kind, a building, a place suitable for this, which he has access to, as a meeting place for persons who consume psychoactive substances of illegal origin included in tables I, II, III, IV and V as in comma 3 in such place, is punished with detention from two to six years and with a fine of two to ten million Lire.

2. The penalties will be increased in the measure of one half to two thirds if the meeting is attended by a minor person.

3. In the case of public premises, the sentence for the owner will involve the closing of the premises for a period ranging from two to five years.

4. The closing of the public premises can be ordered with a cautionary provision by the territorially competent prefect, in any case observing the dispositions of the judicial authorities.

ART. 21

SPECIFIC AGGRAVATING CIRCUMSTANCES

1. The penalties provided for the offences listed in art. 19 of the present law will be increased by one third to one half:

a) in cases in which the psychoactive substances are given to a minor for a non-therapeutical use;

b) if the fact is committed by three or more persons, in agreement among one another, or if the person is part of a criminal association;

c) in cases provided in numbers 2), 3) and 4) of article 112 of the penal code;

d) for persons who induced to commit the offence, or to cooperate in the commission of the offence, a person who makes use of psychoactive substances;

e) if the fact was committed by an armed or disguised person.

2. If the fact concerns relevant quantities of psychoactive substances, the penalties are increased by one half to two thirds.

3. The same increase is applied if the responsible has used weapons to commit the offence or to obtain a profit, the price and impunity for himself or for others.

4. The penalty is increased by one half to double if the fact concerns substances provided in tables I, II, III, IV and V of article 3, with toxic and in any case dangerous mixtures or solutions.

5. The disposition of the last comma of art. 112 of the penal code will be applied.

ART. 22

INDUCTION TO THE USE OF PSYCHOACTIVE SUBSTANCE

1. Any person who induces another person to the illegal use of psychoactive substances classified in tables I, II, III, IV and V as established by comma 3, with the purpose of making a profit, is punished with detention from one to five years and with a fine of one to 5 million Lire.

2. The penalty is increased if the fact is committed to the detriment of a minor.

3. The penalty is doubled:

a) if the fact is committed to the detriment of a person aged less than 14;

b) if the person was entrusted to the offender for reasons of health, education, surveillance or custody.

4. The same penalties will be applied to anyone who, excluding the hypotheses listed in the previous article 20, favours the use of psychoactive substances indicated in comma 1 of the present article or makes a profit from such use.

ART. 23

DRIVING IN A STATE OF INTOXICATION

1. The penal dispositions relative to the driving of vehicles in a state of alcoholic intoxication are applied also for persons driving in a state of intoxication caused by psychoactive substances.

2. The seizure of the vehicle will follow the sentence if such vehicle is owned by the offender or by the persons who entrusted it to the offender.

ART. 24

ACCESSORY PENALTIES

1. With the sentence the judge can order the prohibition of leaving the country of residence for a period not exceeding three years.

2. The same dispositions are applied in cases of acknowledgement of a foreign sentence for one of the offences above listed in compliance with article 12 of the penal code.

3. The sentence involves the confiscation of the substances as well as of the means used to commit the offence.

ART. 25

TREATMENT OF THE PRISONERS WHO ARE REGULAR CONSUMERS OF PSYCHOACTIVE SUBSTANCES

1. Any person who is in a condition of preventive custody or is serving a sentence has the right to ask to make use of the dispositions contained in articles 16, 17 and 18 of the present law.

ART. 26

ABROGATION

1. Law n. 685 of 22 December 1975 and all the other dispositions on the subject in contrast with the present law are abrogated.