The draft law provides for harsher sanctions and prison terms. Fines for drug related offences will also double under the new law.

As the war on drugs has been a failure so far, Salvini's legislation can be construed as merely a populist move, and could actually bring further problems into Italian prison, which are already in a worrying state.

Drugs offenders over-represented in Italian prisons

The number of inmates in prison for drugs offences is already very high. According to an Italian Parliament report, submitted in 2018, they accounted for a third of the prison population in 2017. Figures from the Council of Europe's SPACE report confirm the inadequacy of these strict measures. According to the report, overcrowding in Italian prisons may be directly connected to the over-representation of drugs offenders. In Italy 31.1% (11 747) of prisoners were convicted of drug related crimes, compared to a European average of 16.8%. Both in Italy and in other countries this kind of repressive approach to drugs has clearly been shown to be ineffective in combating drugs.

The benefits of the decriminalisation of drug offences

The proposed measures by Matteo Salvini are made to look especially backwards by the social and preventive policies that have been implemented in several states.

The decriminalisation of drug offences, the legalisation of soft drugs, and the provision of alternative arrangements, especially for those who suffer from drug addiction, could have a positive effect on the prison system, and society as a whole in the long term.

The tools provided by the draft law seem so anachronistic, obsolete and ineffective and the prohibitionist policy of the League aims to toughen the punishment for the non-violent behaviour of individuals instead of looking at the vast, deep-seated and powerful world of drug trafficking.

Constitutional Court finds legislation disproportionate

The proposed law also does not seem to be compatible with the decisions of the Constitutional Court, which came a few days after Salvini’s submission.

The Court, called upon to decide over a judgement of Constitutional legitimacy of article 73(1) of the Italian Consolidated Act on drugs, said that in their decisions lawmakers must comply with the principle of proportionality. The Constitutional Court ruled on this disproportionality by reducing the minimum sentence for violating Article 73 from eight years to six years. Compliance with the principle of proportionality should be used to withstand pressure that comes from public opinion and the pursuit of electoral agreement, which does not seem to be respected in the bill.

5 Star movement goes the other way

In stark contrast to this prohibitionist approach, another legislative proposal comes from senator Mantero of the 5 Star Movement, for the legalisation of cannabis for recreational use.

This would allow the cultivation, individually or in associations, of up to three plants, and would make cannabis possession legal up to certain quantities (from 5 to 15 grams).

The draft has raised several protests from the right-wing parties and the reaction from Matteo Salvini has come strong and clear: the Interior Minister reiterated his position concerning the issue, commenting on Mantero’s proposal “It will never pass and it's not part of the government contract".