Signatures for an Italian campaign calling for the decriminalisation of psychotropic substance cultivation have now been verified by officials.
In 2021, the campaign gathered the half a million signatures needed to trigger a referendum in less than a week. All of those signatures needed to be verified as Italian citizens in order to progress.
With the signatures now verified, one more step remains until a referendum can be called in the spring.
The campaign has focused on cannabis but pertains to the cultivation of all psychotropic substances, such as mushrooms and peyote.
It has been spearheaded by Forum Droghe, Meglio Legale, Antigone, Luca Coscioni Associations, Società della Reagione, and is supported by parties Volt Italia, Possible, Italian + Europa, and the Communist Refoundation.
Speaking to Psychedelic Health, Marco Perduca, co-founder and international co-ordinator at Associazione Luca Coscioni, which supports freedom of scientific research, commented: “I think this confirms the good idea we had in August, which was that there’s so much popularity concerning the need to amend the drug laws – in particular concerning cannabis – that the moment in which a lot of people would have been allowed to do something very quickly to support the referendum, they would have done it.
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“We collected the necessary 500,000 signatures in less than a week and the remaining 30,000 signatures in the additional 10 days. According to the law, it’s not only necessary to submit signatures, you have to document that those who signed are certified registered voters in Italy.
“This is why it took two and a half months to count. This is the first step.”
The campaign aims to modify the wording of “cultivation” in the Consolidated Law on the Discipline of Narcotic Drugs and Psychotropic Substances in Presidential Decree 309/1990.
“The second step is that a title is offered for the referendum – which, according to our reading, was a little too strict on the words that we were eliminating,” said Perduca.
“So, we found a compromise solution in which, despite the fact that the word “cannabis” will not appear in the text nor in the title, at least the conduct of cultivation, sharing and personal use are represented in the title.
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“The law is very complicated to amend. You cannot just take away a plant or a substance from the schedule. You have also to find other parts of the law that should be eliminated because what is penalised is the action of the plant, per se.
“So, according to our reading not only of the law but also of the jurisprudence of previous decisions of the Constitutional Court that have blocked similar referenda proposals in 1997 – we decided to go this way. But at least it is clear that it’s a referendum about cultivation and the personnel use and sharing of so-called “soft drugs”.”
Perduca highlighted that the campaign is now working on a document that will be presented by two lawyers before the Constitutional Court on February 15 together with seven other referenda.
“This document will touch upon issues such as the international implications of the deletion of the parts of the law and the constitutional requirements of Article 75 that prohibits the submission of referendum on issues – changes to the constitution, changes in the fiscal system, but also changes in laws that have enacted international treaties.
“And there could be a doubt here that we are in fact, working to do that. We are not because we are just eliminating some words, so we are not un-ratifying a document.
“The law we are working on has never been considered an implementing instrument of the 1988 Convention on Drugs. And the third part is the penal part because of course, taking away criminal sentences, we have to give satisfying arguments that the law after the elimination of the words of the referendum is an immediately applicable law.”
The Constitutional Court has until 10 March 2022 to make its decision public.
Perduca highlights that Italy is currently in a critical political situation, as, due to a new agreement that on 24 January 2021, the Parliament must elect the new president of the Republic.
“If the current head of government is going to be elected president of the Republic, there is going either going to be a reshuffling in government or – and this will pose a huge problem for the referendum – if they won’t sign an agreement there is going to be early elections.
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“The referendum will push to 2023 because our law doesn’t allow us to have political elections and referenda at the same time.”
If early elections do not happen – Perduca says the campaign will request a vote on the referendum to take place on the same day of administered municipal elections at the beginning of June.
“The major obstacle now will be to reach the quorum which is 50 per cent of the population plus one vote. We are talking about 27 to 28 million people beyond the age of 18 to turn out and vote.
“The other important political element to take into consideration is that there’s going to be eight referenda before the Constitutional Court on 15 February.
“As well as this campaign, there will be one on euthanasia which is also co-promoted by the Luca Coscioni Associations, which collected twice as many signatures as this one. So, legalisation of euthanasia is a hugely popular theme, but the other six have been promoted by the parties belonging to the center-right coalition, who are all opposing the other two referendums. So, if there is this synergy between those that will ask their voters to go and vote yes for their six and at the same time vote no to the other two.
“We are counting on people to show up because we know both euthanasia and cannabis are so hugely popular. There’s absolutely no discussion that we’re going to win if there’s going to be a quorum.
“There is some hope that the turnout will be significant. If the Constitutional Court will say no to either, all six or to some of the most politically charged of the six referendums concerning the reform of the administration of justice in Italy, things will turn out in a different way.
“We are ready to fight our battle.”
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