The Irrelevance of Prior Drug Use: Ruling 22075/2025 on Incitement to Narcotics

The fight against drugs is a legal priority. The crime of incitement to use (Article 82 of Presidential Decree of October 9, 1990, no. 309) is central. But if the person incited has already used drugs, does the situation change? The Court of Cassation, with Ruling no. 22075 of June 12, 2025 (Rv. 288260-01), has provided a definitive and crucial answer.

The Crime of Incitement and the Legal Question

Article 82 of Presidential Decree 309/90 punishes anyone who incites the use of narcotics, protecting public and individual health. The Supreme Court, presided over by DI NICOLA V. and with ANDRONIO A. M. as Rapporteur, examined an appeal (declared inadmissible) against a decision of the Court of Appeal of Florence of December 19, 2023, concerning the defendant G. P.M. P. G. The question was whether the prior use by the victim excluded the configurability of the crime. The Cassation clarified that it does not.

The crime provided for by art. 82 of Presidential Decree of October 9, 1990, no. 309, criminalizes any conduct capable of determining or incentivizing another's will to use narcotics, regardless of whether the victim has previously used them, as this is irrelevant for the configurability of the crime, given that it aims at general and individual protection, functioning to prevent any form of influence, suggestion, solicitation, or psychological coercion on the passive subject.

This maxim is fundamental. The Court establishes that prior use is irrelevant. The crime protects anyone, whether they have never used drugs or have already done so. The objective is to prevent any conduct that "determines or incentivizes" use, whether as a first approach or to reinforce a habit. The provision acts as a shield against all psychological pressure.

Reasons for Expanded Protection

The Supreme Court's interpretation is based on the dual purpose of Article 82: general and individual protection. The law discourages behaviors that fuel drug use and protects against:

• Influence: subtle conditioning.
• Suggestion: inducing thoughts.
• Solicitation: invitation to use.
• Psychological coercion: pressure on freedom.

Even those who have already used are vulnerable. The law offers protection to prevent relapses or aggravations, in line with previous case law (e.g., no. 16041 of 2001) which has always interpreted art. 82 broadly.

Conclusions

Ruling no. 22075 of 2025 by the Cassation confirms a core principle: the irrelevance of the victim's prior drug use for the crime of incitement. This pronouncement strengthens the preventive and protective effectiveness of Article 82 of Presidential Decree 309/90, safeguarding the health and self-determination of every individual. It provides clear guidance for legal professionals on the scope of criminal protection in such a sensitive area.