Guilty, but sentence waived for Polynesian father who soothed epileptic son with cannabis

In a case that will reignite the debate on access to medical cannabis in Polynesia, the Papeete Court of Appeal found a father guilty of recidivist drug use, but waived his sentence.

Ariimatatini Vairaaroa was in fact cultivating cannabis to prepare oil for the treatment of his 14-year-old child, suffering from d’autism and d’epilepsy. The verdict, handed down on May 15, 2025, has provoked strong reactions and renewed calls for legislative reform.

A controversial verdict with no penalty

Although Mr. Vairaaroa was found guilty of drug use, the court decided to exempt him from all penalties, recognizing the exceptional nature of his situation. His lawyer, Thibaud Millet, expressed mixed feelings after the judgment.

«It's hard to hear that a father, who is doing everything he can to try to look after his child, when our society is incapable of doing so, is guilty of a crime,» Millet told AFP. «We should never have brought this father to justice.»

The court's decision has been hailed as a moral gesture, but the conviction raises ethical questions about the role of justice in desperate health-related acts. According to the defense, the boy suffered from up to 30 attacks per day, making daily life almost impossible for the family.

«There are drugs available, but they are banned in France and Polynesia. He had no other choice», explained Me Millet in court. He also stressed the dramatic impact of the police seizure of the Cannabis plants at the family home, describing it as a «deprivation of care» that directly endangered the child's health.

From acquittal to appeal

The case initially resulted in an acquittal, the trial court recognized the «uncontrollable» nature of the situation. The judge concluded that Mr. Vairaaroa had acted under duress, driven by his son's immediate medical needs. However, Mr. Vairaaroa, the public prosecutor appealed, requiring a three-month suspended prison sentence, and suggested that the father might also have consumed the cannabis on his own behalf.

During the’appeal hearing in April, the prosecutor argued that, regardless of intent, cannabis cultivation remained illegal and warranted criminal sanction. Nevertheless, the In the end, the appeal court opted for a suspended sentence without enforcement., citing the exceptional context and the father's motivations.

While this decision avoids incarceration, it nevertheless reinforces the criminal nature of the domestic production of’Cannabis oil, even when it is clearly not intended for recreational use.