Colmar: a look back at the trial of the Auxine garden centre, accused of complicity in drug trafficking

Whether it's a bombshell or an open door being kicked in, the cannabis industry in France does exist. Seed stores, garden centers and the sale of smoking accessories are all perfectly legal activities. And although we've never seen a tobacconist prosecuted for inciting drug use by selling long leaves and a pack of cigarettes, growshops and other garden centers, whether or not they specialize in indoor growing equipment, are regularly accused of facilitating cannabis cultivation at home.

Christian KELHETTER set up his «alternative garden center» in 2011, first under the Indoorgardens name, then under his own Auxine brand. Last April, following a search of his workplace and home, Christian was charged with complicity in drug trafficking. Some of his cannabiculturist customers had been caught and claimed to have bought their equipment from him and received advice from him.

Christian's professional activity took a hit, as did his personal life. He is facing prison for selling potting soil and lamps, available at Truffaut and all the online growshops. To help finance his defense, as his accounts have been frozen, Christian has launched an online kitty. And we went to check on him, just a few days before his trial.

The growshop business remains risky in France, and you're not the first to appear in court. Did you ever imagine you'd have to face such an ordeal?

I no longer consider my store to be a growshop since I left the Indoorgardens banner in 2015. I call my store an «alternative garden center», a name I've registered with the INPI. My business goes far beyond that of the growshop. Of course, I sell indoor growing equipment, but I'm also involved in market gardening, orchids, plant walls, terrariums and aquariums, as well as natural gardening. I have been awarded the «Jardiner au naturel» label by Fredon. These activities have accounted for a steadily growing share of my sales over the past 3 years. Cannabiculturists are still my main customers. I've never wanted to stop serving them, but they're not part of the company's development strategy.

I'm not the first to appear in court, but the first to communicate publicly about my case. Up until now, I thought that the previous stores specializing in indoor cultivation that had been concerned had been for reasons extrinsic to their activity (production, trafficking, taxation, etc.). Since this affair began, I've discovered that the rumors are unfounded, particularly as regards Indoorgardens stores in Western France. The lack of communication from the previous stores concerned meant that I didn't realize that I too could be concerned. It's a real shame, and I don't want the same to happen to the almost 200 remaining French stores. I'm not the last, you can be sure, many others are in the cogs right now and it's only a matter of time before they close. I don't think many have realized that.

I've always made a point of staying straight and doing my job as fairly as possible. For me, a cannabiculturist is an activist who prefers to produce his own cannabis rather than buy products of dubious origin and quality from the mafia. I've never found a moral argument for refusing to serve them or stop marketing the material they use. I never expected to be bothered in this way. At least not without prior warning or dialogue with the authorities, in which case I would have immediately refused any cannabis-related sales.

Most of the accusations revolve around drug use (possession/consumption) at home and at work. Why does this reflect on your store?

I am accused of the following acts:

• complicity in the unauthorized acquisition of narcotics at my home and in Colmar
• complicity in the unauthorized possession of narcotics at my home and in Colmar
• complicity in the unauthorized use of narcotics at my home and in Colmar
• complicity in the illegal use of narcotics at my home and in Colmar
• illegal use of narcotics at my home and in Colmar
• unauthorized possession of narcotics at my home and in Colmar
• performing undeclared work at my home and in Colmar

At home I've only ever consumed legal cannabis or legal cannabis extracts sold by French companies or hemp grown legally by one of my partners.

The charges of acquisition, possession, use and possession are grouped together under the term «trafficking». This is a roundabout way of judging cannabis producers. Since production is a crime, accusing them of trafficking allows them to be tried in the Correctional Court instead of in the Assize Court, also by immediate appearance and without investigation.

As far as the charge of concealed work is concerned, my employee is an employee of a second company I own, «Fleurs de Chanvre sàrl», which had set up a research partnership with the CNRS to evaluate the effectiveness of hemp-based products on colorectal diseases. This is the same hemp that was found in my home and in the store. There has never been any concealed work in my store. I have always respected the law.

It's not my use or my possession that reflects on the store. It was the statements made by the store's customers that reflected on my private life and my business. I found hemp and «legal hashish» in my home, which I handed over to the police myself. In the store, too, only hemp was found. I invite you to read the various articles on my blog for further information: www.auxine.net

In France, everything is legal except the plant. Growshops are careful not to talk about cannabis so as not to be accused of inciting cultivation, despite everyone knowing that customers can use it for. Will this hypocrisy ever stop?

You say: »Everyone knows that customers can use it to». That's precisely the problem. According to the authorities, knowing that a customer is going to use the equipment to grow cannabis and selling it to him anyway constitutes complicity. According to the gendarmes, the seller should refuse the sale and report his customer. As far as I'm concerned, there's no hypocrisy here. It's been an open secret for 15 years. Everyone knows that indoor cultivation equipment can be used to grow cannabis. The indoor cultivation equipment market today represents sales of at least 100 million euros a year in France. Specialized stores have been featured many times in the media. Large French chains exist, with dozens of outlets and numerous employees. There's no hypocrisy. Some stores may think they're hidden, but none of them are.

Following the judgement, what are your options? Reopening, change of project ... ?

- The local papers have smeared me. Every other customer I meet on the street asks me why I've been dealing cocaine. I've never done that, but the newspaper articles might suggest it.

- The store is insolvent. The cost of the three-month closure would be hard to recoup, and I don't think customers, even non-cannabiculturists, want to set foot there again.

- I've lost the trust of my service providers, suppliers and financial backers.

- I set up a kitty to finance my defense in court, thinking that other stores would participate so that I could defend myself to the end with a long, costly and complex procedure. Few participated, not enough in any case. So there will be no effective defense on July 26. I'm going to bow my head and wait for the sentence. I'm a little disgusted with the players in this market. So far, only Bio-Technology and GHE have participated. I'd like to thank them and the other contributors, most of whom are stores or people close to me.

- Even if I could legally reopen, without the support of my colleagues and suppliers the store is lost. I plan to liquidate as soon as the seals are lifted.

- I don't know what I'll do next. I've just lost 7 years of hard work and several tens of thousands of Euros. I may have to pay a hefty fine or go to prison. If I get out on the 26th, I'm thinking of taking a job to fill my fridge. Right now I'm eating pasta. I'm also thinking of moving to another country. But it's too early to make any decisions.