Opinion: Should France decriminalize cannabis during confinement?

Opinion. While the countries or states where cannabis is legal maintain supplies of cannabis, the 5 million annual French smokers, including over 1 million daily smokers, find themselves without an ’easy« source of supply.

And while cavistes, tobacconists and vape stores can continue to operate, cannabis, which is illegal in France, raises certain issues.

Most consumers will find it easy to do without cannabis. Contrary to what the prohibitionist doxa claims, cannabis is not at all addictive. Considering it as a consumer good like any other doesn't mean that its absence won't affect very many recreational users, although there is a risk of transfer to more harmful legal substances such as alcohol.

But let's not forget medical users, estimated at between 100,000 and 1 million in France. For some, cannabis is a matter of life and death. Not all of them are gardeners, and most of them rely on the black market or are sent cannabis by well-meaning friends. How will they get through this period?

Although the most far-sighted have been able to stock up, home deliveries are now largely restricted. The solution could then lie in a circular dealing specifically with medical use, for example the one proposed by Yann Bisiou, and would ask public prosecutors to decriminalize possession, personal cultivation and gifts for caregivers.

And if we take a broader view, should we also decriminalize cannabis and put in place a temporary, taxed regulatory framework to prevent a resurgence in the harmfulness of the products, whether people are moving to go «peachy» or to lessen the effect of the «break» on small businesses? For example what we offer the Young Republicans of Texas, a state where cannabis is still illegal.

The Netherlands is another interesting example of pragmatism. Announced last Sunday at 5:30 p.m., for entry at 6 p.m., the coffeeshop closures lasted just 2 days. In order to prevent street traffic from resuming, the Dutch government reopened the coffees by restricting their activity to counter sales. Dutch coffeeshops serve social consumers, of course, but also a large proportion of medical consumers for whom prescriptions are not a solution, either because their pathology is not recognized, or because Bedrocan's medical varieties don't suit them.

The question is whether cannabis can be temporarily decriminalized in France. The circular of march 14 relative à l'adaptation de l'activité pénale et civile des juridictions aux mesures de prévention et de lutte contre la pandémie COVID-19 asks in particular that «priority [be] given to flagrante delicto investigations presenting a high stake in terms of public order and requiring a rapid judicial response». Drug use is not one of them.

However, use and possession go hand in hand. The latter offence is punishable by 10 years' imprisonment and a €7,500,000 fine, and is widely used for the social control of populations, reinforced today as shown by the following examples numerous videos of police violence in working-class neighborhoods since the confinement began. Temporary decriminalization would relieve police officers in the field, courts and prisons of «non-essential» cases.

Otherwise, there's a risk that some lawyers will use their imagination to fill in their travel certificates.