The legal world surrounding drugs is complex and requires in-depth understanding. In this guide, we will explore punishable drug-related behaviors and their penalties. Additionally, we will discuss the implications of arrest in drug trafficking cases and why it’s essential to seek advice from an experienced drug attorney.
Heavy Drugs vs. Light Drugs
Article 73 of the Presidential Decree (DPR) n. 309/90 deals with convictions relating to narcotic and psychotropic substances. In paragraph 1, it is established that the cultivation, production, manufacturing, extraction, refining, sale, offer, transfer, distribution, trade, purchase, transport, export, import, procurement, sending, passage or shipment in transit, delivery or unlawful detention of narcotic or psychotropic substances listed in tables I and III of the art. 14 (known as “hard drugs”) are punishable by imprisonment from eight to twenty years.
However, paragraph 4 of Article 73 provides less severe penalties for the same behaviors when they involve so-called “light drugs,” with imprisonment ranging from two to six years and a fine.
Crimes of Minor Severity
Article 73, paragraph 5, introduces an autonomous criminal hypothesis that makes no distinction between heavy and light drugs. This article provides for imprisonment ranging from six months to four years and a fine for minor severity offenses.
Arrest in Drug Trafficking Cases
Mandatory and Discretionary Arrest
n the case of illegal drug dealing, arrest is mandatory when caught in the act, unless a minor severity offense occurs as provided for in Article 73, paragraph 5 of DPR 309/90. In this case, the arrest becomes discretionary.
The decision to make a discretionary arrest depends on the gravity of the facts or the dangerousness of the individual involved. The quantity of drugs, circumstances, and overall conduct determine whether the arrest is justified.
The Importance of Consulting an Expert Drug Attorney
If you find yourself involved in a drug-related arrest or are accused of drug-related offenses, it is crucial to consult an experienced drug attorney as soon as possible. A specialized attorney can ensure your rights are protected and develop a defense strategy tailored to your specific situation.
Relying on a professional experienced in drug-related matters is key to effectively addressing the complex legal issues surrounding drugs and ensuring an efficient defense.