Contraventionnalisation du cannabis en France: le point sur les réactions

On May 23, Gérard Collomb announced on RMC his desire to make cannabis possession a misdemeanor «within three to four months» as part of the fight against drug trafficking.

Government spokesperson Christophe Castaner subsequently spoke about France Info explaining that, under Emmanuel Macron’s plan, a fine of about 100 euros would be imposed for use and possession. He also states that «enforcement measures would be taken» if the user fails to pay the fines, which could include imprisonment.

This certainly sparked some reactions.

The Republicans are promoting French-style prohibition

The Republican Party has released a set of arguments on the potential decision to issue a citation related to cannabis use, using strong, attention-grabbing phrases.

• «Decriminalizing cannabis could lead to an increase in the number of users" »and to reduce the impact of prevention messages related to the use of this drug.".

Rate: "Mostly False". Based on the model of cannabis decriminalization in the Netherlands and Portugal, the number of users has not increased. Cannabis prevention efforts remain as strong as ever (particularly in schools), and decriminalization helps reduce the burden on the judicial system and allows police to focus on more serious offenses. In U.S. states that have legalized cannabis, young people are using it less, while the increase in consumption is becoming more noticeable among people aged 35 and older, or even 65 and older.

• «However, cannabis use among adolescents causes permanent damage to the brain.»

True. What decriminalization or legalization will not actually change is that cannabis use remains prohibited for minors. Legalization would allow for more effective prevention efforts among young people, particularly with the repeal of the 1970 law that prevents people from truly discussing cannabis in France.

• Legalizing cannabis will do nothing to reduce drug trafficking 

Not quite right. U.S. states that have legalized cannabis are seeing less trafficking within their borders. Oregon, however, remains one of the main suppliers to the black market in neighboring states that have not yet legalized it. In Uruguay, the price of cannabis has been set at €1.20 per gram, directly challenging black market prices.

French Society's Expectations Regarding Cannabis

ECHO, a participatory, citizen-led think tank that focuses in particular on public drug policy in France, has published a Note on criminalization in light of the situation in France and what is happening abroad.

• The move to make it a misdemeanor has already been tested

The organization explains that a system of fines had already been tested in 2015. According to the working group on the criminal justice response to drug use, «Recreational cannabis use accounts for the vast majority of violations of narcotics laws.» However, because the penalty was considered too severe, it was rarely, if ever, imposed. The shift toward treating the offense as a misdemeanor—which was already possible—has, in fact, gained momentum: according to ECHO, the use of fines has doubled since 2007.

• The contraventionnalisation du cannabis is a discriminatory measure

Criminalizing cannabis could create a two-tier system, dividing people into those who can afford to pay their fines and those who cannot. In London, more than half of the fines issued for violations of the narcotics law go unpaid. Citizens are ultimately prosecuted for nonpayment, which does nothing to relieve the backlog in the courts.

An Education Minister Who Isn't All That Educated

Education Minister Jean-Michel Blanquer, for his part, spoke on May 31 about the issue of decriminalization. As a guest on RTL, he formally opposed the legalization of cannabis, stating: «Cannabis damages the brain. We absolutely must not allow the idea to take hold that cannabis is something we should tolerate in our society. It’s bad for our children, and so I would be crazy, as Minister of Education, to say anything else.»

We will therefore refer back to our first paragraph and to the success of the French-style prohibition.

Mehdi Bautier