What does the law say about cannabis in France?

France is the leading cannabis-consuming country in Europe, alongside the Czech Republic. In 2014, 47.8% of young people under 17 had tried cannabis, with 1/4 of these having used in the last month, and 700,000 daily users overall. Given these figures, one might ask: Is cannabis legal in France? ?

The law of December 31, 1970 defines the French legal framework for drug policy. It regulates cannabis consumption, possession, distribution and production, and does not take into account the latest studies in favor of the use of cannabis. cannabis legalization in France.

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Cannabis use and possession in France

Beyond penalizing the cannabis debate if he presents it in a favorable light, French law prohibits cannabis use with varying degrees of severity: simple use can lead to up to a year's imprisonment, which can be accompanied or substituted by a €3,750 fine.

In 2018, the government initiated the introduction of a fixed fine to reprimand consumers caught in the act of use or possession on the public highway. Payment of the fine extinguishes prosecution, but still entitles the offender to a mention on the criminal record. This choice was justified by the high procedural costs involved in systematically bringing offenders before the courts, but in no way constitutes decriminalization, since cannabis-related offences can still lead to criminal prosecution.

La possession or use of cannabis in a private or public place (in the street, on a bus, in your car on the public highway, in a bar, etc.) is strictly forbidden. No distinction is made between therapeutic or religious use, although certain tolerances exist in overseas territories such as Polynesia.

This approximate application of the law, which depends on the interpretation of individuals (judges and police) and geographical location (greater tolerance in big cities), has regularly raised the problem of revising the law.

La THC limit for driving is set at 1ng/mL in saliva. This very low limit makes any trace of cannabis detectable for up to several days after consumption. THC remaining in saliva up to 2 days, far longer than its psychotropic effect. Consumption of CBD hemp flowers can result in a positive test for THC, with all the consequences that entails, even if the original product is perfectly legal.

Also under the Macron government, a trial of the medical marijuana has been set up for 2 years, starting in 2020. Consumption and possession of cannabis will be authorized for patients involved in the experiment, but will still be prohibited for other patients. Experimental participants will not be allowed to drive.

Cannabis cultivation in France

La cannabis cultivation for its own use (recreational, medical or other) is totally prohibited. Cannabis growers would have to go before the Tribunal de Grande Instance, which is not usually the case due to its overload. Cannabis cultivation in France is punishable by a €7.5 million fine and 30 years’ imprisonment.

Cannabis distribution

The cannabis trafficking can result in life imprisonment (30 years) and a €7.5 million fine. Selling drugs illegally is a crime. French law makes a clear distinction between the user, considered more as a patient than as a delinquent, who is subject to the Public Health Code, and the dealer, who sells drugs in addition to his own possible consumption, considered as a trafficker and subject to the Penal Code. In practice, judgments are rarely as serious and prosecutions as systematic as the law prescribes.

Supply of seeds and tools to produce and consume cannabis

It is illegal to sell or’buy cannabis seeds to grow them. Visit seeds are legally sold as «collectible», with the buyer forbidden to germinate them. Products from hemp (-0.3% THC) are legal.

Legal status of CBD in France

In France, CBD is not classified as a narcotic. The CBD is therefore legal in France. The sale and possession of hemp flowers with -0.3% THC is also not prohibited. However, the cultivation of CBD hemp by non-farmers is prohibited.