Small-scale drug dealing in Italy: the sentence

Avv. Massimo Romano · updated 18/08/2026

Italian law treats a minor drug offence as a separate offence, not as a discount on trafficking. The range is narrow, it was raised twice in recent years, and where it sits decides whether you can be held in prison before trial.

Provision: Art. 73 c.5 D.P.R. 309/1990
Checked 18/08/2026.

What you are facing in custodial terms

< p>Article 73(5) of the drug statute carries six months to five years in prison and a fine of €1,032 to €10,329.

There is a second, harsher version of the same provision. Where the conduct is found not to have been a one-off, the range becomes eighteen months to five years, with a fine of €2,500 to €10,329. The ceiling is identical; the floor triples. Which version applies is usually the single most contested point in these cases.

Why the ceiling matters more than it looks. The maximum was raised from four years to five by the Caivano decree in 2023. That one-year change moved the offence across the threshold at which a judge may order custody in prison before trial. At four years it was effectively closed off; at five it is open.

A further change in 2026 removed habitual and continuous conduct from the scope of the minor offence altogether. Where that applies the case is not sentenced under this provision at all, and the ranges above do not describe it.

Your options

Three routes are realistically open and they lead to different places.

Probation. The Constitutional Court held in 2025 that this offence qualifies, reversing the position the 2023 increase had created. Completed successfully, it extinguishes the offence.
Negotiated sentence. A sentence agreed with the prosecutor and approved by the judge. Fast, and it caps exposure, but it is recorded.
Trial on the papers. A reduction of one third on whatever sentence follows, in exchange for giving up the full hearing.

The choice is rarely about which is shortest. It is about whether you can afford a record, and whether the case has to end before a residence permit expires.

Serving the sentence

A short custodial sentence in Italy does not automatically mean prison. Sentences below certain thresholds can be served under supervision in the community, and those thresholds were rewritten by the 2022 reform.

If you are not resident in Italy this is harder — not because the law excludes you, but because community measures assume a fixed address and supervision a court can actually exercise. Where you will live is therefore an argument to prepare early, not an afterthought.

If you are a national of another EU member state, a sentence can in principle be transferred to be served at home under the EU framework on mutual recognition of custodial sentences.

Effect on your right to stay in Italy

A drug conviction is among the categories that most directly threaten a residence permit, and the effect does not depend on whether you actually go to prison.

A conviction can support refusal or revocation of a permit, and drug offences appear expressly among the grounds justifying removal. A negotiated sentence counts for this purpose: agreeing a sentence closes the criminal case, it does not neutralise the immigration consequence.

If you are applying for citizenship or for long-term resident status, a pending case is enough to stall the application before any conviction exists.

We answer on the facts of your own case, not in the abstract. Call +39 335 669 3954 or write on WhatsApp. The first contact is free and confidential, we answer at any hour, and you do not need to be in Italy.

Common questions

What is the penalty for small-scale dealing in Italy?

Article 73(5) carries six months to five years in prison plus a fine of €1,032 to €10,329. Where the conduct was not a one-off, the range rises to eighteen months to five years, with a fine of €2,500 to €10,329.

Provisions relied on

Art. 73 c.5 D.P.R. 309/1990
L. 159/2023 (decreto Caivano)
Corte cost. n. 90/2025

Checked 18/08/2026. Italian sentencing provisions change; if you are reading this long afterwards, ask us to confirm.

Your rights

Italian law guarantees specific rights from the moment of first contact with the authorities. These apply regardless of nationality.

Right to silence (diritto al silenzio). You are not obliged to answer questions. Anything said can and will be used. Silence cannot be held against you.
Right to a lawyer. You can appoint a trusted lawyer (avvocato di fiducia) at any moment. If you do not, the authorities assign a duty lawyer (avvocato d'ufficio), which is not the same as having a chosen specialist.
Right to an interpreter. If you do not speak Italian, you have the right to a qualified court interpreter at every stage, free of charge. This is a right, not a courtesy.
Right to notification of charges. The investigating authority must inform you of what you are suspected of (avviso di garanzia) before questioning you as a suspect.
Right to consular notification. As a foreign national, you can ask for your consulate to be notified. This is optional and the decision is yours.

Warning: Do not wait: the first 48 hours are decisive.

The Italian criminal justice system

Italy has a civil-law accusatorial criminal procedure (Codice di procedura penale, 1989). The investigating magistrate (Pubblico Ministero) leads the investigation; the Giudice per le indagini preliminari (GIP) supervises coercive measures and rights. Key stages:

Indagini preliminari — Preliminary investigation. Duration varies by offence seriousness (6 months to 2 years, extendable). The suspect is indagato, not formally accused.
Udienza preliminare — Preliminary hearing. The GUP decides whether to commit the accused to trial or dismiss the case.
Dibattimento — Trial. Oral, adversarial procedure before the relevant court. Evidence is examined in open court.
Impugnazioni — Appeals. Two levels: Court of Appeal (Corte d'Appello) on fact and law; Court of Cassation on law only.

Important: Italian pre-trial detention (custodia cautelare) is decided by a judge, not automatically following arrest. The detention hearing (convalida) must occur within 96 hours of arrest. Without a lawyer present, this hearing is far harder to defend.

Defence strategy

An effective defence in Italy is not built at trial — it is built in the weeks immediately after the first contact with the authorities. The choices made in that window define what is still possible later.

Qualification of the conduct. How the facts are legally characterized often determines the applicable sentence range. The difference between a more and a less serious charge can mean the difference between pre-trial detention and immediate release.
Alternative procedures. Italian procedure offers alternatives to full trial: patteggiamento (plea bargain, up to one-third sentence reduction), rito abbreviato (abbreviated trial on the file, one-third mandatory reduction), and messa alla prova (community service-based suspension, for minor offences). These must be chosen at the right stage.
Precautionary measures. If the client is detained, the priority is challenging the measure before the Tribunal del Riesame (within 10 days of the order) and, if unsuccessful, before the Court of Cassation. Each stage has strict deadlines.
Mitigating circumstances. Artt. 62, 62-bis c.p. allow the judge to reduce the sentence substantially — up to one-third below the minimum — based on factors including first offence, partial repair of harm, and reduced culpability. Documenting these requires early preparation.

The first consultation is free and confidential. Call +39 335 669 3954 or write on WhatsApp. First contact free, 24/7, no need to be in Italy.

How we can help

Avv. Massimo Romano, Italian criminal defence lawyer assists clients in Italy and in cross-border cases from three offices: Naples (main seat), Rome, and Milan. The studio is available 24 hours a day, 7 days a week.

Emergency assistance. Immediate intervention at the police station or detention facility. The telephone is always answered, including nights and public holidays.
Remote assistance. All stages of Italian criminal procedure can be followed from abroad. Briefings, document exchanges, and case updates take place by telephone, email, and encrypted messaging. You do not need to travel to Italy for every hearing.
Family of a detained person. If a relative or friend has been arrested in Italy, the studio can locate the detainee, verify the charges, attend the validation hearing, and provide a full situation report — usually within hours of first contact.
Cross-border cases. European Arrest Warrant, extradition, Interpol Red Notice, mutual legal assistance, and the transfer of foreign-convicted prisoners to serve their sentence at home: all require immediate specialist intervention.

Call +39 335 669 3954 or write on WhatsApp. First contact free, 24/7, no need to be in Italy.

Frequently asked questions

What happens after a drug arrest in Italy?

After arrest, you must appear before a judge within 96 hours for the validation hearing (convalida dell'arresto). The judge decides whether to order pre-trial detention, house arrest, or release. Drug offences are governed by D.P.R. 309/1990, which distinguishes between personal use (administrative sanction) and trafficking (criminal).

Can I be jailed for drug possession in Italy?

Personal use of any quantity triggers an administrative procedure (driving licence suspension, passport restriction). The criminal threshold depends on the type of substance and quantity relative to the 'average daily dose' tables. Quantities exceeding the threshold are presumed trafficking. Whether personal use is a credible qualification is a factual and legal issue requiring specialist assessment.

What is the sentence for drug trafficking in Italy?

Art. 73 D.P.R. 309/1990 provides: 6–20 years for heavy drugs (heroin, cocaine); 2–6 years for light drugs (cannabis). Aggravating circumstances (organized crime involvement, selling to minors) increase the range substantially. Substantial collaboration with the authorities can reduce the sentence by up to two-thirds.

Can I get house arrest instead of prison for a drug offence?

Yes. House arrest (arresti domiciliari) is a coercive measure that the judge may order instead of custody if the risk of flight, evidence tampering, or re-offending can be adequately controlled by a less severe measure. Addiction treatment programmes can replace detention in some cases.

First steps to take