Green senators propose decriminalizing drug use

The French Senate is expected to be at the center of a heated debate on the best way to address drug-related issues in France. On one hand, a bipartisan anti-drug bill, supported by the government, aims to step up law enforcement and judicial measures against drug trafficking. On the other hand, the Senate’s Green Party caucus has introduced a bill advocating for decriminalization of drug use, in the hope of refocusing the debate on public health and safety.

A Call to Reorient the War on Drugs

The environmentalist group, led by Paris Senator Anne Souyris and Bouches-du-Rhône Senator Guy Benarroche, has criticized the current approach, which it considers too focused on law enforcement. They are calling for a broader perspective that incorporates health and social considerations into the fight against drugs.

«Without a comprehensive vision, we will not have an effective anti-drug policy,» Mr. Benarroche said at a press conference. Souyris added, «We are wrong to try to separate the health and public safety aspects of this fight.».

Environmentalists have introduced a bill to decriminalize the’illegal use of substances intended for personal consumption, including, but not limited to, cannabis. Their proposal suggests replacing the current punitive system with a «referral to a medical-social commission,» which would assess the user’s social and health situation and recommend appropriate treatment, similar to what has been successfully completed in Portugal more than 20 years ago. The bill retains the criminal offense of drug trafficking, targeting traffickers while offering a more compassionate approach to users.

Broader anti-drug legislation

At the same time, the Senate is considering a bipartisan anti-drug bill sponsored by Étienne Blanc (Les Républicains) and Jérôme Durain (Socialist Party). The bill includes measures aimed at combating corruption, the money laundering and crime organized crime. For example, Article 11 introduces extended police custody for drug traffickers, and Article 22 authorizes pretrial detention of up to four years for offenses related to organized crime.

Although it supports certain provisions of the anti-drug law, the environmental group has expressed reservations. It is concerned about measures that could undermine the individual freedoms and the right to a fair trial. For example, Article 16, which introduces a «sealed file,» has been criticized by the National Bar Council for having limited adversarial proceedings in sensitive investigations.

In addition, Article 24, known as the ’Retailleau Article,« allows prefects to evict from their homes those who people involved in drug trafficking, a measure that many consider too harsh.

Drawing inspiration from international models

Environmentalists are advocating for a more health-focused approach, drawing inspiration from Portugal’s pioneering drug policy. In the early 2000s, Portugal decriminalized drug use, prioritizing treatment over punishment. This policy has led to a significant reduction in the number of heroin users, which fell from 100,000 in 2001 to 30,000 in 2021.

Anne Souyris emphasized the importance of adopting a similar model: «In other countries, the issue of decriminalizing drug use is handled transparently. The Swiss and the Danes aren’t hippies; they’ve enacted laws that take social order into account.».

Her bill aims to address what she describes as the «social stigma» resulting from the criminalization of drug use.

«It is the already marginalized communities that are most affected by repression,» she notes, calling for an end to the «crime of poverty.».

Guy Benarroche lamented the lack of a public health campaign aimed at educating consumers about the dangers of drug use and its links to organized crime. Recently, the Minister of the Interior Bruno Retailleau has promised a «hard-hitting» campaign» awareness-raising, but such initiatives are still not included in the legislation.

The environmental group hopes that its efforts to decriminalize drug use will pave the way for a broader discussion on drug policy in France.

As Mr. Souyris explains, «Health must be a second pillar. We hope to kick off this debate by getting our foot in the door,» as he had Emmanuel Macron suggested at the time.