Database of Legislation

Article 281 of the Penal Code (Legislative Decree No. 2,848 of 7 December 1940), as amended by Act No. 4,451 of 4 November 1964, shall enter into force, drafted as follows:

TRADE IN, POSSESSION OF OR FACILITATING THE USE OF NARCOTIC DRUGS OR ANY SUBSTANCES WHICH MAY CAUSE PHYSICAL OR PSYCHICAL ADDICTION.

Article 281

The import or export, preparation, production, sale, exhibition for sale, supply, even if free of charge, storing, transport, carrying upon the person, safe-keeping, administering or delivery, in any form whatsoever, for purposes of consumption, of any narcotic substance or any substance which may cause physical or psychical addiction, without authorization or in contravention of legal regulating provisions":

Penalty: rigorous imprisonment for from one to five years and a fine of from ten to fifty times the highest minimum wage in force in the country.

RAW MATERIALS OR PLANTS INTENDED FOR THE PREPARATION OF NARCOTIC DRUGS OR ANY SUBSTANCES WHICH MAY CAUSE PHYSICAL OR PSYCHICAL ADDICTION

(1) A person shall be liable to the same penalties if he unlawfully:

I. Imports exports, sells or exhibits for sale, supplies, even if free of charge, transports, carries upon his person or keeps in store or under his care raw materials intended for the preparation of narcotic drugs or any substance which may cause physical or psychical addiction;

II. Cultivates or harvests plants intended for the preparation of narcotic drugs or any substance which may cause physical or psychical addiction;

III. Carries on his person, for his own consumption, a narcotic drug or any substance which may cause physical or psychical addiction.


Special Provision (2).

If the person guilty of the offence is a pharmacist, medical practitioner, dentist or veterinary surgeon:

Penalty: rigorous imprisonment for from two to eight years and a fine of from 20 to 50 times the highest minimum wage in force in the country.

Legal Prescription (3).

If a medical practitioner or a dentist prescribes a narcotic drug or a substance which may cause physical or psychical addiction for other than therapeutic purposes or in doses obviously greater than is necessary or in contravention of the legal provisions and regulations.

Penalty: Imprisonment for from six months to two years and a fine of from 10 to 30 times the highest minimum wage in force in the country.

(4) A person shall be liable to the penalties laid down in the preceding paragraph if he:


INDUCEMENT TO CONSUME A NARCOTIC DRUG OR SUBSTANCE WHICH MAY CAUSE PHYSICAL OR PSYCHICAL ADDICTION

I. Incites or induces another person to use a narcotic drug or a substance which may cause physical or psychical addiction;

PLACE INTENDED FOR THE USE OF A NARCOTIC DRUG OR A SUBSTANCE WHICH MAY CAUSE PHYSICAL OR PSYCHICAL ADDICTION

II. Uses a place of which he is the proprietor, or which he occupies, manages or controls, or consents to its use by another person, even if free of charge, for the unlawful use of a narcotic drug or a substance which may cause physical or psychical addiction;

ENCOURAGEMENT OR EXTENSION OF THE USE OF NARCOTIC DRUGS OR ANY SUBSTANCE WHICH MAY CAUSE PHYSICAL OR PSYCHICAL ADDICTION

III. Is in any way a party to the encouragement or extension of the use of narcotic drugs or a substance which may cause physical or psychical addiction.

Increased penalty

(5) Penalties shall be increased by one-third if the narcotic drug or substance which may cause physical or psychical addiction is sold, administered, supplied or prescribed to a person under the age of sixteen years.