Should criminal irresponsibility for cannabis use be modified?

A bill known as the «Sarah Halimi» bill will be introduced at the end of the month by Justice Minister Eric Dupond-Moretti. Ahead of that, the right is laying the groundwork in the National Assembly by by introducing several amendments in another text, namely that of « »trust in the justice system." All this political wrangling is aimed at answering one question: «When it is the cause of a mental disorder, does the use of narcotics constitute a fault that precludes criminal liability?»

Cannabis is at the center of this case. In 2017, Kobili Traoré, a mentally unstable man, killed Sarah Halimi after using it. The murder of a defenseless Jewish woman sparked outrage. The courts recognized the anti-Semitic nature of the act. However, psychiatric experts declared the perpetrator not criminally responsible. This means he cannot be sent to prison—since French law does not punish the «insane»—but will be admitted to a psychiatric hospital.

In mid-April, the Court of Cassation upheld this decision. The judges cited the following reason: « UA person who has committed an act while under the influence of a delusional episode that impaired their judgment cannot be held criminally liable, even if their mental state was caused by regular use of narcotics. »The country's highest judicial body adds: «The law does not distinguish based on the cause of the mental disorder.»

It is precisely this law that the government wants to amend. The right wing does as well. «That's a very complicated question. It's not something you can just figure out on the fly.", ", says MP (LR) Philippe Benassaya, co-author of an amendment to that effect. «In the future, it would be good if criminal liability were upheld and not undermined by a claim of »delusional episode.» We need to at least get to trial. Drug use is a way for him to avoid a trial."

«It's unreasonable to pass a law every time a crime occurs.»

For legal experts, this upcoming «Sarah Halimi» law is dangerous. «That doesn't make any sense!», exclaims Yann Bisiou. This associate professor at Montpellier-III University, a specialist in drug law, has signed an op-ed in the newspaper Le Monde to urge policymakers to reverse course.

And the amendment co-sponsored by Mr. Benassaya does not find favor in his eyes. «This is a Manichaean view of dementia, psychosis, and the use of narcotics, says Yann Bisiou. The underlying idea is to say: ‘Anyone who uses drugs knows they could lose their mind.’ Yet those who use drugs are not aware of this. For Kobili Traoré, drug use is not intended to impair judgment; it is a way to calm one’s anxieties.»

The unspoken rule that «one news story = one law» is also being called into question. «It doesn’t seem reasonable to me to pass a law every time there’s a news story just to satisfy the demands of justice. There’s a populist aspect to that.», says Renaud Colson, an associate professor of criminal justice at the University of Nantes. «Other legal experts will tell you otherwise",", retorts Representative Benassaya. »We pass laws because of a news story, but also thanks to a news story. That's kind of how the game is played."

Lawyers and judges also point out that lack of criminal responsibility does not constitute an exemption from punishment. «Kobili Traoré will be committed to a psychiatric hospital under very strict conditions because he is extremely dangerous. I doubt he'll ever be released.", Yann Bisiou points out. »Irresponsibility is not an excuse. It simply means that criminal punishment does not apply, so the person is institutionalized.”