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Europe: Italian High Court Okays Lonesome Shepherd's Pot Smoking

Submitted by Phillip Smith on (Issue #578)
Politics & Advocacy

For the second time in eight months, the Italian Court of Cassation, the country's highest court, has crafted a quirky exception to that country's laws against marijuana possession. In a ruling last week, the high court held that a shepherd's marijuana use was justified because he was alone with his flock.

The shepherd, identified only as Giorgio D., was convicted of possession after police found 38 grams of pot in his car as he drove off for an extended stay with his flock in the mountains of Alto Adige, in the country's far north. But the Court of Cassation upheld his appeal of the conviction, ruling that he was justified in possessing small amounts of the drug because of the "long and solitary period" he was about to spend "in the countryside and the mountains, due to the migration of his flock of sheep."

Back in June 2008, the same court overturned the marijuana possession conviction of a practicing Rastafarian, known only as Giuseppe G. In that case, the high court held that his use of marijuana was allowed because for him the herb "was a possible conveyor to a psychophysical state connected to contemplative prayer in the belief that the sacred herb grew on the tomb of Solomon, acquiring its potency from that wise king."

Well, that's a start. Now, if only Italy would get around to making it so you don't have to be a Rastaman or a shepherd to be able to smoke pot in peace.

Permission to Reprint: This content is licensed under a modified Creative Commons Attribution license. Content of a purely educational nature in Drug War Chronicle appear courtesy of DRCNet Foundation, unless otherwise noted.

Comments

Anonymous (not verified)

I wonder if the High Court had recently smoked some doobage when they came up with that creative line in their ruling: the herb "was a possible conveyor to a psychophysical state connected to contemplative prayer in the belief that the sacred herb grew on the tomb of Solomon, acquiring its potency from that wise king." Truly inspired!

Fri, 03/27/2009 - 5:16pm Permalink
Anonymous (not verified)

If you can't blind them with brilliance... baffle them with bullshit!

The ruling should have read something like this: "The government is hereby ordered to follow the rule of law and mind it's own limited business... jeezzz you moronic assholes should know better by now!"

Fri, 03/27/2009 - 6:23pm Permalink
mlang52 (not verified)

In reply to by Anonymous (not verified)

Who are the "moronic assholes" you refer to, and what is your complaint? Your statement does not seem to be portraying anything understandable, in this sense, to me. The only thing I understand is the fact that the government needs to butt out! Why are the rest of "us" a problem?! That is, other than being the receptors of your verbal abuse.

Could you elaborate?

Sun, 03/29/2009 - 2:28pm Permalink
Anonymous (not verified)

Is this an example of greater tolerance or simply of arbitrariness in Italy's jurisprudence?

Fri, 03/27/2009 - 10:34pm Permalink

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