Belluno, judicial turning point: light cannabis grower released from prison. The Prosecutor's Office acknowledges the lack of evidence on intoxicating effects

Justice returns to science: without technical-scientific analyses, no precautionary measure can be ordered. The Court of Cassation reiterates: art. 18 of Law 80/2025 does not prohibit light cannabis.

Belluno – The Public Prosecutor's Office at the Court of Belluno ordered the immediate release of a grower arrested on October 10, refusing to validate the requested precautionary measures.

The Court justified the decision with clear words:

“The need for technical-scientific assessments is highlighted: otherwise it is not possible to establish the actual seriousness of the conduct, as the mere weight data cannot be considered decisive.”

A statement that marks a turning point in Italian jurisprudence on light cannabis: the weight or appearance of a plant is not enough to define it as a narcotic. Scientific proof is needed to demonstrate the actual intoxicating effect of the seized material.

 A principle also confirmed by the Court of Cassation

The Belluno case adds to other recent episodes in which authorities had ordered reports or seizures without first verifying the actual harmfulness of the products.

This approach is fully consistent with Report no. 33/2025 of the Court of Cassation's Massimario, which clarifies:

“Article 18 of Law 80/2025 is a recognition of the existing framework. Technical-scientific verification of the actual harmfulness of the products is always necessary.”

In summary, neither botany nor quantity is enough to limit personal freedom. Without tests conforming to European scientific methods, there can be no talk of violating the narcotics law.

 A single line and scientifically sound controls are needed

The Belluno decision highlights the urgency of standardizing investigative practices throughout the national territory.

No more “on sight” interventions or based on rapid tests not suitable for measuring the actual intoxicating capacity.

It is necessary for laboratories and law enforcement to harmonize with the methods provided at the EU level, to ensure reliable and replicable results. Only in this way can public health and legality truly be protected, while at the same time avoiding economic and reputational damage to operators working in compliance with Law 242/2016.

 Freedom, science, and responsibility

Once again it is reiterated that art. 18 of Law 80/2025 does not introduce any general ban on hemp inflorescences.

The products and businesses in the sector remain perfectly lawful when they lack actual intoxicating effect, as already provided by Law 242/2016 and D.P.R. 309/1990.

The message is clear: light cannabis is legal, and those who grow or trade it in compliance with the regulations cannot be treated as criminals.

Only science, not prejudice, can establish where legality ends and crime begins.