Arrested in Italy for drugs, or is a family member being held? A judge must rule on the arrest within 96 hours, and the first defence choices are made before that hearing. Contact us now: we reply within one hour, 24/7, in English.

In brief. Drug offences in Italy are governed by the Testo Unico sugli stupefacenti — the consolidated drugs act, D.P.R. 9 ottobre 1990 n. 309 (Presidential Decree 309/1990). The central offence is art. 73 D.P.R. 309/90 (production, trafficking and dealing in narcotic or psychotropic substances), which carries heavy prison terms but also a much lighter sub-offence for fatti di lieve entità (cases of minor gravity) under comma 5. A separate and far graver charge, art. 74 D.P.R. 309/90, punishes associazione finalizzata al traffico (criminal association for trafficking). The line between simple possession, dealing and trafficking turns on quantity, packaging and intent — and that line is where the defence is fought.

Italian drug law does not distinguish offences by the name of the substance alone but by classification. Substances are listed in tabelle (schedules) attached to the Testo Unico. Following the Constitutional Court’s judgment n. 32/2014, which struck down the earlier Fini-Giovanardi equalisation, Italy returned to a two-tier system: a harsher regime for “hard” drugs (heroin, cocaine, etc., Tables I and III) and a milder regime for cannabis-type “soft” drugs (Tables II and IV); the tables themselves were reorganised by Decree-Law 36/2014.

The same act covers personal use, which in Italy is not a crime but an illecito amministrativo (administrative offence) under art. 75 D.P.R. 309/90 — punishable with measures such as suspension of a driving licence or passport and, for non-EU nationals, of a tourist residence permit, not imprisonment. Everything turns, therefore, on whether conduct is treated as uso personale (personal use) or as dealing/trafficking.

Art. 73: the core offence

Art. 73 D.P.R. 309/90 punishes anyone who, without authorisation, cultivates, produces, manufactures, imports, exports, acquires, transports, sells, offers, distributes or holds narcotic substances for purposes other than exclusively personal use.

The base penalties are severe:

  • for hard drugs (Table I/III): imprisonment from 6 to 20 years and a fine of EUR 25,822 to 258,228 (art. 73, comma 1, minimum reduced to 6 years by Constitutional Court judgment n. 40/2019);
  • for soft drugs (Table II/IV): imprisonment from 2 to 6 years and a fine (art. 73, comma 4).

The prosecution must prove the destinazione a terzi — that the substance was intended for others rather than personal consumption. There is no fixed automatic threshold: the quantità massima detenibile (maximum holdable quantity, fixed by ministerial decree and referred to in art. 75(1-bis)) is only one indicator. Courts weigh the total amount, its purity, the number of doses, packaging into individual wraps, presence of scales and cash, and the defendant’s own consumption habits.

Quantity, packaging and intent

Because no single number decides the case, the evidential picture is decisive. A large quantity strongly suggests intent to supply, but a moderate quantity divided into many sealed doses and accompanied by precision scales, multiple phones and unexplained cash can support a dealing charge even where the weight is modest. Conversely, a single larger block held by a documented heavy user may still be argued as personal use.

For the defence, the work is to dismantle the inference of destinazione a terzi: medical and consumption history, the absence of dealing paraphernalia, the manner of holding and any logical innocent explanation. This is the same factual battleground that arises in an airport drug arrest, where couriers are presumed to act for others.

The lieve entità minor offence (comma 5)

The single most important provision for many defendants is art. 73, comma 5 D.P.R. 309/90, the fatto di lieve entità (act of minor gravity). Where the offence is minor — judged by the means, the modalities or the circumstances of the action, or by the quantity and quality of the substances — the conduct becomes an autonomous, lesser offence punishable by imprisonment from 6 months to 5 years and a reduced fine (18 months to 5 years for non-occasional conduct, after the 2023 “Caivano” reform, D.L. 123/2023 conv. L. 159/2023). Since 25 April 2026 the minor offence is excluded where the conduct is continuous and habitual (D.L. 23/2026, conv. L. 54/2026). Since Decree-Law 146/2013 (converted into Law 10/2014), and as consistently held by the Court of Cassation, lieve entità is a separate offence, not a mere mitigating circumstance — which carries important consequences for sentencing, limitation and access to probation (extended to this offence by Constitutional Court judgment n. 90/2025). Since the maximum was raised to 5 years, however, pre-trial detention in prison is again legally possible for it. Securing the recharacterisation of an art. 73 charge into comma 5 often transforms the entire outlook of a case, opening the door to alternatives to custody.

Art. 74: criminal association for trafficking

A wholly different order of gravity attaches to art. 74 D.P.R. 309/90, which punishes participation in an associazione (organised group) formed to commit drug-trafficking offences. The mere stable agreement among three or more persons, with an organised structure and shared trafficking purpose, is enough; the underlying deals need not have succeeded.

Penalties start at no less than 20 years for promoters and organisers, and not less than 10 years for participants (with a reduced regime for associations dedicated only to lieve entità conduct). Art. 74 cases are typically built on wiretaps and surveillance and trigger the strict procedural regime for serious organised crime, including a statutory presumption in favour of custody in prison (art. 275(3) c.p.p.) and longer time limits. The defence must attack the very existence of the association and the consapevole partecipazione (knowing participation) of the accused.

Defence and consequences for foreign nationals

Drug convictions carry collateral consequences that hit foreign nationals especially hard: a custodial sentence, possible espulsione (expulsion / deportation) under immigration and drug law, and the confiscation of vehicles, money and assets. Pre-trial detention is common in trafficking cases.

ILA’s drug-offences practice focuses on the earliest possible intervention: challenging the legality of the search and seizure, contesting the laboratory analysis and the quantification of the principio attivo (active ingredient), pressing for recharacterisation under comma 5, and pursuing alternative measures and patteggiamento (plea bargaining) where strategically sound. For the wider picture, see our drug offences overview.

FAQ

Is personal drug use a crime in Italy? No. Personal use is an administrative offence under art. 75 D.P.R. 309/90, sanctioned with measures such as the suspension of a driving licence or passport, not with imprisonment. It becomes a criminal matter only when the evidence shows the substance was intended for others (dealing or trafficking).

What is the lieve entità offence and why does it matter? Art. 73, comma 5 D.P.R. 309/90 is a separate, lesser offence for cases of minor gravity, punishable by 6 months to 5 years (18 months to 5 years for non-occasional conduct, after the 2023 Caivano reform) rather than the 6-to-20-year base penalty for hard drugs. Recharacterising a charge as lieve entità dramatically improves a defendant’s position on sentencing, detention and available alternatives.

Can a foreign national be deported after a drug conviction in Italy? Yes. A drug conviction can trigger expulsion (art. 86 D.P.R. 309/90 and the immigration act), subject to a concrete assessment of social dangerousness, alongside the prison sentence and confiscation of assets. Because the immigration consequences can be as serious as the criminal ones, foreign defendants should obtain specialist defence from the outset.

Speak to the firm

If you or someone close to you faces a drug charge in Italy, the search, the seizure and the lab analysis can all be challenged — but the window is short. See our drug offences page, contact the firm through the Contact page, or read about our team.