In Polynesia, a father stands trial again for treating his son with cannabis oil

The case of Ariimatatini Vairaaroa, a father who looked after his epileptic son and autistic with’cannabis oil, is once again the focus of the courts in French Polynesia.

Initially acquitted in June 2024, He is now the subject of a new prosecution, following an appeal by the public prosecutor's office. The retrial took place on April 2, 2025.

Father's defense: A life-saving treatment

Mr. Vairaaroa's defense is based on a simple argument: the ‘cannabis oil that he has produced has considerably reduced his son's epileptic seizures, which had previously reached up to 30 episodes a day.

His lawyer, Thibault Millet, explained that, after all conventional treatments had failed, the father turned to CBD-rich cannabis varieties, inspired by medical research carried out in Israel.

«Our company is responsible. There are remedies that are not available in France »Millet pleaded, urging the court to take into account the human impact of the rigidity of drug laws.

The defense also presented three medical certificates confirming that the plants seized and the oil were predominantly CBD. According to the lawyer, this should enable Vairaaroa to avoid prosecution under the recently reformed Polynesian regulations, which now authorizes the use of medical cannabis low THC content.

The prosecutor's argument: Personal consumption rather than necessity

Despite the acquittal at first instance, the parquet stands by its position. The prosecutor argues that Vairaaroa's personal use of cannabis disqualifies his defense of necessity.

«He's been using since he was 16-17 and his wife says he smokes every night,» said the public prosecutor. The prosecution insists that the case is not about the son's health, but the father's personal cannabis use, noting that he had already been convicted of the same offence in 2021.

The prosecution also rejects the idea that Vairaaroa had no legal alternative, arguing that there are other ways of managing stress, such as sport or legal plants. As a result, a three-month suspended prison sentence was requested against him, the public prosecutor declaring: « The acquittal decision makes no sense to me. »

For Mr. Millet, this case is indicative of the’company's inability to meet the needs of medical cannabis consumers.

«This is a very special case,» he insisted, describing the devastating impact of the plant seizure on the teenager. After the forced change of treatment, the boy experienced a serious relapse, suffering seizures every two minutes for four days.

«What would you do if your child choked and there was illegal treatment,» he asked the court.

Mr. Millet also criticized the rigidity of the judicial system, lamenting: «I have the impression that we're heading for a robot justice. Humanity must be at the forefront of this hearing».

His plea resonated in the courtroom, as public opinion shifts increasingly in favor of the legalization of medical cannabis.

The Court of Appeal to rule on May 15, 2025. If the conviction is confirmed, Vairaaroa's defense has already promised to take the case to the European Court of Human Rights. Court of Cassation, with the aim of setting a precedent that could influence future cannabis policy in French Polynesia and beyond.