France: proposal to criminalize cannabis

The Law on the Use, Consumption, and Possession of Drugs in France hasn't changed since 1970 : Any consumer caught using cannabis faces up to one year in prison. Since this law is getting a bit outdated, the task of updating it has been entrusted to Mildeca—which stands for the Interministerial Mission to Combat Drugs and Addictive Behaviors. The latest proposal for amending the law is to classify cannabis use as a misdemeanor.

In the form of a report, this interministerial task force submitted its recommendations to the executive branch. The legalization of cannabis, whether for medical or recreational use, is not on the agenda in France. In fact, the text focuses more on what kind of punishment should be imposed on criminals who use marijuana.

This report recommends that every consumer be immediately penalized if caught with low amounts of cannabis. The fine could range from 100 to 300 euros. The contraventionnalisation would aim to relieve congestion at police stations and courthouses. Under the current system, police officers are required to take you to the police station, make you wait, and then write their report. Afterward, the consumer must wait for the judge to answer the phone and fax a legal notice. In some cases, the consumer may then be summoned to appear before the judge at a later date.

Welcome to the Land of Silence

This report was submitted to the Prime Minister’s office in October 2015. Today, it seems to have been somewhat buried in a drawer—if not thrown in the trash altogether. The government is no doubt trying to avoid any unnecessary controversy (on an issue that affects at least 3 million people in France, if we count only consumers) ahead of the presidential election. The report, which we worked hard to obtain, has not been published on the website. drogues.gouv.fr. However, all of this interministerial commission's activities are normally listed there.

Fines for cannabis use are already in place. According to the OFDT, its use has doubled since 2007. Politicians on both the right and the left have considered the proposal but have consistently rejected it. Nicolas Sarkozy proposed it in 2003 but criticized François Rebsamen when he proposed it in 2012. Marisol Tourraine, Minister of Health, supported by the opposition (spot the mistake), stated that making cannabis use a misdemeanor would «send the wrong message.».

But what message is the government sending when it allows the sale of slim rolling papers on highways? What message is being sent when «bongs,» »blunts,» »weed pipes,» and «rolling papers» are freely and legally available in every tobacco shop? We challenge you to find anyone who uses a bong with tobacco. No signal is being sent to address the needs of the 3 million regular users who are either asking to be brought into the legal framework or seeking more information and prevention resources on this topic.

Meanwhile, our European neighbors are taking a different path, as exemplified by the’Germany, the’Italy and Spain. In the United States, the cannabis industry is already worth 5.4 billion dollars, which is equivalent to French agriculture's deficit in 2016.