Rhône Socialist Senator Gilbert-Luc Devinaz proposes legalizing cannabis

Gilbert-Luc Devinaz, the Socialist senator from the Rhône department, which we revealed in our pages last September who had pledged to work on a proposal to legalize cannabis, kept his word. The Villeurbanne representative, along with 43 co-sponsors, submitted his bipartisan bill to the Senate calling for the regulated legalization of cannabis.

If the explanatory memorandum simply points out the failure of the past 50 years of cannabis prohibition in France, describing the ban as a Maginot Line (with a clever «borrowing,» in several lines, from an article from Slate 👀), the proposal differs from previous ones in that it features new text, a blend of Canadian legislation and German proposals to legalize cannabis.

What is the senator proposing?

In his proposal, Senator Devinez calls for the creation of a regulatory agency, the 'National Agency for Cannabis Control and Management,» which would fall under the jurisdiction of the Ministries of Health and Agriculture. This agency would be responsible for issuing licenses for all cannabis-related activities—production, processing, transportation, and distribution—monitoring the quality of cannabis placed on the market, and overseeing prevention and risk reduction efforts related to cannabis.

Cannabis would be produced by farmers who apply for it, as well as by Cannabis Social Clubs, which are therefore included in the proposal.

In addition to the Clubs, cannabis would be sold in specialty stores, some of which could include consumption areas similar to Dutch coffeeshops. A taxation model is proposed, with a tax of 33% and a fixed fee based on the number of units purchased (€60 per 1,000 units), with a minimum tax of €350 per 1,000 units. However, «units» are not clearly defined; it is therefore not specified whether they refer to grams, eighths or pounds.

Any advertising related to cannabis products would be prohibited outside of retail locations.

The sale of cannabis or a cannabis product to a minor is punishable by a fine of €7,500.

If passed, the law would take effect on January 1, 2030, and in the meantime, the Agency would be responsible for establishing a clear regulatory framework governing cannabis cultivation, the formation of cannabis associations, and the issuance of licenses.

A transition period would take effect as soon as the law is passed, with the decriminalization threshold set at 25 grams.

What is missing from the proposal?

The bill introduced in the Senate addresses most of the key regulatory issues. However, several points were not included, with some requiring references to potential future decrees. These include, in particular:

• Growing your own food: Is it allowed? How many plants?
• At what age should adults be allowed to legally buy or grow cannabis: 18? 21? 25?
• What about people who were previously convicted of offenses that are no longer criminal: is there a mechanism for automatically expunging criminal records?
• Through what mechanisms would regulation channel the driving forces of the illegal market into the new legal market?
• Would home delivery of cannabis be permitted?

In the face of the government’s current conservatism, the parliamentary initiative will at least spark a debate on the issue; Senator Devinaz believes that «it’s better than silence.».