[Le trois-feuilles] 50 years of cannabis criminalization in France

French society and its relationship with cannabis have been governed by this law for half a century. Law no. 70-1320 of December 31, 1970, which came into force on January 2, 1971, celebrates its fiftieth anniversary this year. On the yellowed paper of the Journal Officiel of the time, we read: « Those who illegally make use of one of the substances or plants classified as narcotics will be punished by imprisonment of two months to one year and a fine of 500 to 5,000 francs.»

It is an «exceptional law», i.e. a text adopted in exceptional circumstances, outside the scope of ordinary law. «At the time, we're in the post-1968 years. Conservative politicians were afraid that young people would become depraved. They said that young people had lost their sense of reality, and grafted the drug problem onto May »68".», observes historian Alexandre Marchant, author of The Impossible Prohibition. Drugs and drug addiction in France 1945-2017 (Perrin).

On Wednesday, August 25, 1969, the Le Parisien libéré publishes a shock issue. «THE DRUG HAS KILLEDÉ MARTINE (17) » on the front page of this high-circulation newspaper. This case was perhaps the starting point for the 1970 anti-drug law. A young girl dies of a heroin overdose at the Bandol (Var) casino. «It triggers general panic, says Alexandre Marchant. The press creates anxiety in the general public.»

What's more, 1969 was also the heyday of the French Connection, named after the heroin traffic between Marseille, Montreal and New York. U.S. President Richard Nixon even wrote to his French counterpart, Georges Pompidou, asking him to double his efforts. The response was almost immediate: deputies and senators drafted a law penalizing drugs in the autumn of 1969.

All drugs «on an equal footing»

This is not the first anti-drug law in French history. A text from 1916 prohibited already to consume the «hashish and its preparations». At the beginning of the 21st century, the authorities were concerned about opium dens. In response, they passed repressive laws. This would also be the case in Belgium, a few years later. In 1921, a law penalizing cannabis was passed. On the occasion of its centenary this year, some Belgian would like to «a very bad birthday».

The UK, meanwhile, legislated only five months after France. Visit Misuse of Drugs Act divides drugs into three categories. Category A (heroin, cocaine, ecstasy, etc.) is more severely punished than category B (cannabis, codeine, ketamine, etc.), which is itself more dangerous than category C (GHB, Valium, etc.). Cannabis has yo-yoed between class B and C.

In France, it was Gaullist deputy Pierre Mazeaud who took the initiative. At the time, he was rapporteur for the French Law Commission. The «Mazeaud Law» speaks of «poisonous substances» to describe drugs. Unlike its British neighbors, the text makes no mention of cannabis, cocaine, methamphetamine...

« There's no distinction based on the type of drug», says an annoyed Dixie Chaillé de Néré. This lawyer at the Rouen bar is a member of NORML France, an organization campaigning for the legalization of cannabis. « We could have imagined different laws depending on the type of drug. Here, everything is put on the same footing. It's an amalgam. It shows that the legislator doesn't know what he's talking about!»

Soon enough, « we realize that cannabis and heroin cannot be equated».», rewinds historian Alexandre Marchant. In 1978, the Secretary of State for Justice, Monique Pelletier, relaxed penalties for the simple use of cannabis. From then on, a reminder to obey the law was sufficient. In 1987, a left-wing President, François Mitterrand, was replaced by a right-wing Prime Minister, Jacques Chirac. The law was tightened, especially for major drug traffickers. They were «associated with terrorists», for the historian.

«I've already smoked a joint, why repress others?»

Today, most of the 1970 law applies to cannabis. But there's a problem. « When the law was promulgated, it was not envisaged how it would unbalance the distribution of police tasks».», notes historian Emmanuel Blanchard, co-author of The history of policing in France (Belin).

Sociologist Mathieu Zagrodzki took out his calculator report for Terra Nova, a think-tank close to the Socialist Party. Every year in France, the equivalent of 373 police officers devote 100 % of their working time to cannabis-related cases. This represents 600,000 working hours. Police officers are therefore tired, according to this researcher and police specialist.

He regularly interacts with police officers for his work, making him an invaluable intermediary for finding out the «real» police viewpoint on cannabis. Their opinion is sometimes far removed from that of the unions, which is often caricatured. « A majority of police officers tell me that repression isn't severe enough. We don't punish dealers severely, we don't put them in prison, so that's why we don't stop drug trafficking. Cannabis« observes Mathieu Zagrodzki.

The sociologist also observes another, more minority viewpoint. «Some police officers, often younger people, say the system needs to be reformed. They put forward two arguments. The first: ‘I've already consumed cannabis, so why should I crack down on anyone who smokes a firecracker in the street? The second: ’Cannabis use is so massive that to crack down on it, you'd need hundreds of thousands of prison places. It is estimated that, every day, 900,000 French people smoke at least one joint.

In the courts, «we often see young traffickers».»

By penalizing simple use, cannabis will end up clogging up the French courts. The justice system is already under-staffed, considered the «poor relation of the State budget».». And the plant doesn't help. «Cannabis trafficking is clearly clogging up the courts. In Bobigny, I was the president of the Criminal Division. immediate appearance. A year and a half ago, we created a second court appearance to make room. It was partly created to deal with drug trafficking.», says Ludovic Friat, General Secretary of the Union Syndicale des Magistrats.

This former judge from Seine-Saint-Denis «often sees young cannabis dealers».» in his courtroom. How does he respond to police officers who feel that the law is not applied harshly enough? «I understand the discouragement of police officers who may arrest the same person three or four times in the same month. Of course, the penal response is going to be progressive. The first time, alternative prosecution. Second time, a court summons. Third time, seizure. At the court, we try not to disinscribe people.»

To appease police forces, prosecutors and judges, the government draws the cannabis fine. Since September 2020, a police officer or gendarme can issue a 200-euro fine for using flowers or resin. Six months later, the fine doesn't live up to all its promises.

«Before repressing, we must prevent».»

What about doctors? They play a central role in the original system. The law of 1970 stipulates in its preamble : « Any person illegally using substances classified as narcotics is placed under the supervision of the health authorities.» It's hard to say whether the medical profession is attached to this law or not. A recent poll could indicate that it is increasingly favourable to to supervised legalization.

«The 1970 law has been out of date for a long time.« says Professor Jean-Pierre Goullé, toxicologist and member of the French Academy of Medicine. His institution, founded in 1820, is not exactly known for its pro-cannabis activism. Quite the opposite, in fact. But, as far as he's concerned, cannabis prohibition isn't working: «Penalizing is the wrong way to go. France is the only country in Europe where the dangers of both legal and illegal drugs are not taught. We're at the bottom of the European class. Before repressing use, we need to prevent it.»

Indeed, for this doctor, «We're Europe's biggest consumers because people don't know». The key is education, not repression. This is the path taken by countries that legalize the use of recreational cannabis. New York, for example, 40 % of tax revenues from cannabis sales will go to public schools, and 20 % to education programs.

Two opposing government lines

Amending this 1970 law could be a theme of the next presidential election. At any rate, that's the aim of MP (En Marche) Caroline Janvier. She confided to Newsweed his desire to write a «a «cannabis» component in the En Marche program». But the task will not be easy.

The Prime Minister, head of the right-wing government, is against legalization of recreational cannabis. His Interior Minister, Gérald Darmanin, is also (very) opposed to any relaxation. With his list of «points de deal», he considers that the government « regaining ground against drug traffickers« . The Minister, the hierarchical head of the police and gendarmerie, plays his part.

Another line: Olivier Véran. Minister of Health, a doctor by training, reminded that there is «no society without drugs. It doesn't exist, it never has.» This is the same minister who, before launching therapeutic cannabis trials, in Clermont-Ferrand at the end of March, gave it its full backing and called for its immediate roll-out.

We're back to the usual divide, with the right opposed to legalization and the left in favor of it. But the lines are beginning to blur. Some right-wing mayors are in favor to the authorization of cannabis in France. Whether for or against, all agree on one point: the law of December 31, 1970 is out of date.