Pubblicato il di Avv. Carlo Malvone

Cannabis Light: commenti all’ultima sentenza della Corte di Cassazione, Sez. III, n. 7166/2019

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Nell'attesa di una definitiva decisione da parte delle Sezioni Unite, sul contrasto interpretativo di cui si è trattato nel precedente articolo, commenteremo con il presente l'ultima sentenza della Corte di Cassazione, Sezione III, n. 7166/2019.

Tale sentenza, pur nel filone interpretativo della ormai nota sentenza n. 4920/2019 - la quale ha ritenuto non solo legittima la commercializzazione della Cannabis Light, ma anche che il limite dello 0,6 % di THC sia applicabile sia ad agricoltore, sia a commerciante - contiene spunti interessanti, ma anche vari errori interpretativi rispetto alla L. 242/2016.

Con la sentenza in commento, infatti, la Corte afferma a chiare lettere la legittimità della commercializzazione dei prodotti derivati dalla Canapa Industriale.

Considerazioni

Purtuttavia, l'ultima sentenza della Corte di Cassazione erra - e disattende completamente la Circolare del Ministero delle Politiche agricole, commentata nei precedenti articoli -.

Essa afferma infatti che la coltivazione, per essere lecita, "deve essere finalizzata alla realizzazione dei prodotti espressamente e tassativamente indicati nell'art. 2, co. 2 L. 242/2016".

Si è già tuttavia avuto modo di affermare come tale elenco non sia affatto tassativo, tanto che - a precisazione di ciò - era intervenuto il Ministero delle Politiche Agricole con la nota Circolare già commentata.

La Corte, errando nuovamente, ritiene che il limite dello 0,2 % sia applicabile al solo agricoltore e non al Commerciante, nonostante - come già si è affermato - non sia prevista alcuna conseguenza, nè sequestro o distruzione, per l'Agricoltore in caso di THC entro lo 0,6 %.

Non si comprende, se così fosse, la finalità di tale limite - considerato che di tale prodotto l'Agricoltore non potrebbe farsene alcunchè.

L'ultima sentenza della Corte di Cassazione, Sezione III, pertanto, si deve apprezzare, ritiene lecita la commercializzazione di prodotti derivati dalla Canapa.

Tuttavia, erra affermando che la percentuale di THC non deve essere superiore allo 0,2 % e non comprende appieno le finalità della L. 242/2016, interpretando in modo errato sia l'elenco dei derivati della Canapa, sia la soglia dello 0,6 %.

Ancora di più, è necessario l'intervento delle Sezioni Unite.

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