Nicolas Hachet: «Decriminalizing cannabis in France is entirely feasible».»

Lawyer Nicolas Hachet is due to appear before the Bordeaux Court of Appeal at 2pm on Tuesday. On the agenda: the decriminalization of cannabis in France. He has filed a Question Prioritaire de Constitutionnalité (QPC), with the aim of bringing decriminalization before the highest judicial authorities. He believes he could be the man to do away with the cannabis of the French Penal Code.

Newsweed: You believe that cannabis can be decriminalized in France. Is this really feasible?

Nicolas Hachet: Yes, theoretically it's feasible. But it's not up to me. There are three big stages left, and for the moment we haven't started yet.

What is a Priority Question of Constitutionality? And why did you file one?

In France, everyone has the right to question the law. This is the principle of the QPC. I question the’article L3421-1 of the public health code. It's this article that establishes the offence of unlawful use of narcotics. In my opinion, this article contravenes the’article 4 of the Declaration of the Rights of Man and of the Citizen, of 1789, which emphasizes individual freedom.

Do you believe that the offence of drug use violates individual freedom?

Yes, but in 1994, the French Supreme Court said that this limitation on individual freedom was justified by a public health issue. But as far as I'm concerned, this justification is no longer possible since the’introduction of a €200 fine for cannabis consumption. Taking drugs is a symptom of an illness. And we don't punish the sick with a €200 fine. Or maybe it's not a disease. But in that case, why punish? If the magistrates tell me that we're punishing because it's a psychotropic drug, then I'll reply that alcohol is authorized in France. And if I'm told that alcohol is authorized because it's a form of French tradition, then I'd retort that’in France, 12 % of the adult population smoke cannabis. This is also a form of tradition.

What steps need to be taken before decriminalization?

Firstly, my Question Prioritaire de Constitutionnalité (QPC) is due to be examined this Tuesday by the Bordeaux Court of Appeal. The judges [the names of the magistrates of the Court of Appeal, editor's note]. are going to put the law penalizing cannabis on trial. If they consider my QPC admissible, they send it to the Cour de cassation. The Court then makes a preliminary examination. Then, if it deems the QPC admissible, it forwards it to the Constitutional Council. They can then judge whether or not it's a fair law.

You think your reasoning will convince the magistrates? That you can be the man to decriminalize cannabis in France?

Yes, it happened in Germany in 1994. The case was referred to the Federal Constitutional Court, which ruled opted to decriminalize cannabis. All legal experts are familiar with this ruling. In France, the fixed fine for cannabis consumption is €200. So I'm not asking for the moon! If it's a 200€ fine, it must not be very serious in the eyes of the authorities.