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NATURE OF THE PHENOMENON AND THE LAW REGARDING NARCOTICS

NCJ Number
30963
Journal
Polizia Moderna Volume: 27 Issue: 4-5 Dated: (APRIL-MAY 1975) Pages: 24-30
Author(s)
T DELOGU
Date Published
1975
Length
7 pages
Annotation
UNDER ITALIAN LAW, THE ONLY PERSONS AUTHORIZED TO SELL DRUGS ARE PHARMACISTS AND THE ONLY ONES AUTHORIZED TO BUY THEM ARE PATIENTS IN POSSESSION OF A DOCTOR'S PRESCRIPTION.
Abstract
THE MINISTRY OF HEALTH HAS A LIST OF TE WELL-KNOWN, COMMON DRUGS THAT CAN ONLY BE SOLD UNDER PRESCRITION, AND TRAFFICKING IN THEM IS COVERED BY ARTICLE 6 OF THE SPECIAL LAW OF 1945. HOWEVER, THERE ARE A NUMBER OF SUBSTANCES FOR WHICH THERE ARE LAWFUL USES BUT WHICH ALSO HAPPEN TO HAVE NARCOTIC PROPERTIES. THESE ARE CONTROLLED UNDER ARTICLE 446 OF THE ITALIAN CRIMINAL CODE. IT IS POSSIBLE THAT THESE PROVISIONS MIGHT BE CHALLENGED ON THE GROUNDS OF UNCONSTITUTIONALITY BECAUSE THEY ARE TOO ELASTIC AND THE MINISTRY OF HEALTH'S LIST DOES NOT CARRY THE FORCE OF LAW. HOWEVER, THE FACT REMAINS THAT NO ONE CAN LEGALLY POSSESS ANY NARCOTIC IN ITALY UNLESS HE OBTAINED IT ON A DOCTOR'S PRESCRIPTION. ANYONE IN POSSESSION OF ANY AMOUNT OF ANY NARCOTICS OBTAINED OTHERWISE IS IN VIOLATION OF THE LAW. --IN ITALIAN

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