Synthetic Cannabinoids: The Court of Cassation and Ruling no. 26489 of 2025 on Article 73 of Presidential Decree no. 309/1990
The landscape of narcotic substances is constantly evolving, with new synthetic molecules continuously challenging the legal system. The recent ruling no. 26489 by the Court of Cassation, filed on July 21, 2025, clarifies the legal classification of synthetic cannabinoids and their applicability under the Consolidated Act on Narcotic Substances (Presidential Decree no. 309/1990). This is a fundamental decision for understanding the Italian justice system's approach to these new challenges.
JWH-398: The Principle of Structural Analogy
The case, examined by the Fourth Criminal Section (President S. D., Rapporteur U. B.), concerned the defendant A. D'A., involved in the illicit supply of synthetic cannabinoids, specifically JWH-398. The central issue was whether a substance not explicitly listed, but with a chemical structure analogous to prohibited ones, could constitute a crime under Article 73 of Presidential Decree no. 309/1990, which penalizes the illicit possession and supply of narcotics.
The Supreme Court reaffirmed a well-established principle: a substance is considered a narcotic even if its chemical structure is analogous to that of already listed substances. JWH-398 was classified under substances "structurally analogous to derivatives of 3-(1-naphthoyl)indole," already present in Table I of Presidential Decree no. 309 of 1990. This interpretation was reinforced by Ministerial Decree of October 14, 2021, which formally introduced cl-2201 (JWH-398) into Table I, explicitly confirming its classification.
The illicit supply to third parties of synthetic cannabinoids containing active principles identified by the acronym JWH-398, a fluorinated derivative of JWH018, constitutes the crime provided for by art. 73 of Presidential Decree of October 9, 1990, no. 309, as they are attributable to substances "structurally analogous to derivatives of 3-(1-naphthoyl)indole," already present in Table I, attached to Presidential Decree no. 309 of 1990, as highlighted in the regulatory provisions of Ministerial Decree of October 14, 2021, which introduces the specific designation cl-2201, otherwise known as JWH-398, into the table.
This ruling by the Court of Cassation clearly establishes that the supply of synthetic cannabinoids like JWH-398 constitutes a crime under Article 73 of Presidential Decree no. 309/1990. The key is the identification of the substance through "analogous structure" to those already listed. This prevents traffickers from evading the law through minor chemical modifications. The Ministerial Decree of October 14, 2021, although subsequent, consolidates this interpretation, strengthening legal certainty and enforcement capabilities.
Relevance and Impact of the Decision
Ruling no. 26489 of 2025 aligns with important precedents, such as the United Sections ruling no. 29316 of 2015, which had already outlined the principle of structural analogy. This continuity is crucial for:
- Legal Certainty: It clarifies the punishability of new psychoactive substances.
- Combating Trafficking: It provides effective tools against drug dealing, closing "grey areas."
- Protection of Public Health: It emphasizes the inherent danger of these substances.
Conclusions
The pronouncement by the Court of Cassation in ruling no. 26489 of 2025 is a firm stance in the repression of narcotic substances. It reaffirms the applicability of Article 73 of Presidential Decree no. 309/1990 to synthetic cannabinoids like JWH-398, thanks to the principle of structural analogy. This decision demonstrates the adaptability of the Italian judicial system to the new challenges of the drug market, ensuring the protection of public health and legal certainty.
