Proposed legalization of medical cannabis in Polynesia unanimously adopted in committee

French Polynesia is moving forward with the legalization of medical marijuana, and faster than in mainland France. This legislative push, embodied by the bill «regulating certain activities related to cannabis without narcotic properties and medications containing cannabis or cannabinoids,», represents a significant development in the region.

The Health and Solidarity Committee voted unanimously in favor of the bill, marking a crucial step toward its implementation; the bill now awaits inclusion on the agenda of the Assembly of French Polynesia.

Legal Framework and Objectives

The proposed legislation (see here) establishes a comprehensive framework for the importation of hemp seeds, the cultivation of hemp, and the importation of medications containing cannabis or cannabinoids.

This regulation aims, on the one hand, to establish a industry hemp and CBD in Fenua. The cultivation of hemp will therefore be authorized through a system requiring the submission of a declaration regarding the cultivation of cannabis lacking narcotic properties to the department responsible for agriculture. The authorized varieties will be specified by decree and included in a catalog of authorized varieties. The cultivation of varieties not listed in the catalog may be authorized for research purposes.

The THC level for authorized strains has not yet been set. The bill mentions a THC limit of 0.3%, the «maximum permitted level» in Europe and mainland France, which is not entirely accurate since Italy permits 0.6%, the Czech Republic 1% just like Switzerland.

In light of local environmental factors, the Polynesian Assembly would, in fact, be well advised to set this rate at 1% to avoid having to discard hemp crops that will easily rise above 0.3%.

Furthermore, the bill aims to regulate medical cannabis by authorizing the import of cannabis- or cannabinoid-based medications, with no restrictions on the form of these medications. Under the current wording of the bill, patients in French Polynesia will therefore be able to be prescribed cannabis flowers, unlike their counterparts in mainland France, who will be limited to oils and extracts.

The prescriptions will be filled by healthcare professionals and medications will be dispensed at pharmacies, which will also be authorized to import and compound medications for patients.

Mixed reactions and unanswered questions

Despite the progress made, not all stakeholders are entirely satisfied with the bill.

Karl Anihia, president of Tahiti Herb Culture (THC), while acknowledging the importance of this legislative step, criticized the law for being incomplete.

«I’ve been an activist for ten years, and that’s good because it’s a first step. It’s not perfect because the text is still incomplete, but we’re happy,» Karl Anihia told Tahiti News. He expressed his frustration at not having been consulted during the recent hearings, contrary to what President Moetai Brotherson had promised him. He also highlighted the government’s inconsistencies and lack of clarity, particularly regarding the distinction between the’recreational use, CBD, and therapeutic applications.

In addition, the provisions regarding the medical marijuana remain vague. The bill mentions only the importation of specific cannabis-based medications that, in countries where they are authorized, are strictly regulated and dispensed in pharmacies for certain listed conditions. According to Anihia, the Polynesian government does not have a clear position on this issue.

«When I asked which medications and for which conditions, they couldn’t answer me. Moetai Brotherson’s only response was that the THC-based medications »would be available by the end of the year," Mr. Anihia said.