Drug Possession: The Supreme Court Ruling and the Principle of Minor Offense

The recent ruling by the Supreme Court of Cassation (Cass. pen., Sez. VI, Sent., n. 45061 of 25/11/2022) offers an important opportunity for reflection on the principles governing drug-related offenses, particularly the distinction between minor and more serious conduct. In this article, we will analyze the salient points of the decision, highlighting the legal context and practical implications for those involved.

The A.A. Case and the Court's Decision

The case in question concerned A.A., convicted of drug possession under Article 73 of Presidential Decree no. 309 of October 9, 1990. The Court of Appeal of Rome had upheld the conviction, but denied the reclassification of the offense as a minor one, despite the appellant having raised issues concerning the assessment of the quantity of the seized substance. The Supreme Court of Cassation accepted the appeal, emphasizing that the Court of Appeal had excluded the minor nature of the act based solely on the weight of the substance, neglecting a comprehensive assessment of the conduct.

The assessment of the act must consider its complexity, valuing - positively or negatively - all elements that characterize that specific conduct.

Principles of Minor Offense and Case Law

The Court recalled recent rulings by the United Sections, highlighting that the assessment of the minor nature of the act cannot be limited to considering only the quantitative data. It is necessary to also evaluate the context in which the offense was committed, such as:

• Methods of purchase and possession of the substance
• Potential use for personal consumption
• Absence of elements demonstrating a stable drug dealing activity

Particularly relevant is the statement that, in the absence of specific indicators of harmfulness, the quantitative data can be considered a determining factor in recognizing the act as minor.

Conclusions

The Supreme Court's ruling marks an important step towards greater attention to the overall assessment of conduct related to drug possession. It underscores the importance of not stopping at a purely quantitative analysis, but also considering qualitative and contextual aspects. This approach could lead to greater fairness in judicial decisions and a more consistent application of drug offense laws.