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French court rejects sick man’s cannabis plea

A French man suffering from a muscular disease since childhood had his request to be given the right to use cannabis for medicinal reasons rejected by a French court on Wednesday. To make matters worse he was fined €300 for possession.

Published: 13 March 2013 10:20 CET

French court rejects sick man's cannabis plea

Photo: AFP

“I’ve been condemned – my disease is incurable, and only cannabis can give me any relief,” Dominique Loumachi told French TV TF1, before Wednesday's verdict.

The 40-year-old man has suffered from myopathy – a condition that causes muscular degeneration and chronic pain – since the age of eight, but was put on trial last December for the ‘use and possession’ of cannabis, and had his homegrown plants seized by police.

Loumouchi has been smoking, eating and drinking tea made from cannabis in a ‘state of necessity’ – a legal defence in France which means that a person has no choice but to break the law in order to “escape present or imminent danger” or harm.

But on Wednesday a court in the eastern city of Belfort were unsympathetic to his plight and handed Loumachi a €300 suspended fine.

Loumachi describes himself as a reluctant cannabis user, and told TF1 he was dismayed to be forced to contribute to an “underground economy” in order to buy the drug, since his plants, which were for personal use only, were taken from him by police.

Before discovering cannabis in 1992, Loumachi, who walks with a limp and with the aid of a cane, was a self-described “guinea-pig for science”, undergoing years of onerous medical treatment and taking medications which he claims were ineffective and had dozens of negative side effects.

Today's verdict might not however be the end of the matter as Loumachi has vowed to take his case to the highest court.

“I will fight to be recognized by the courts, even if it means going to the European Court of Human Rights,” Loumachi told TF1.

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A demonstrator smokes a joint at the pro-cannabis Hanfparade in Berlin in August 2021.

A demonstrator smokes a joint at the pro-cannabis Hanfparade in Berlin in August 2021. Photo: picture alliance/dpa | Annette Riedl

The Social Democrats (SPD), Greens and the pro-business Free Democrats (FDP) are set to engage in coalition talks in a bid to become the next German government. And the future of cannabis will likely be one of the topics to be thrashed out.

In drug policy, the three parties are not too far apart in their positions. So it’s possible that the drug could be decriminalised.

However, nothing is set in stone and the parties still haven’t come to a common line on the question of where and to what extent cannabis could be accessed.

The leader of the Liberal FDP, Christian Lindner, has now come out in favour of allowing cannabis products such as hashish to be sold in a controlled manner.

Consumers should be allowed “to purchase a quantity for their own use, for example, in a pharmacy after health education,” Lindner told a live broadcast on German daily Bild on Sunday.

Lindner said he was sceptical about the sale in “coffee shops” according to the Dutch model. “I am in favour of controlled distribution, and therefore health education must be able to take place,” he said.

READ MORE: Patients in Germany still face hurdles accessing medical marijuana

People in the Netherlands can access cannabis products in coffee shops under the country’s tolerant drugs policy. However coffee shops have to follow certain strict conditions. For instance they are not allowed to sell large quantities to an individual.

Lindner said his main aims were about “crime and health prevention” and not with “legalising a right to intoxication”.

It’s not clear if Lindner advocates for prescription-only cannabis for medical use, or an over-the-counter model.

The FDP previously said that they they are in favour of the creation of licensed shops. Their manifesto highlights the health benefits, tax windfalls and reallocation of police resources that legalisation would create.

The Green party also want licensed shops, as well as a whole new approach to drug control starting with the controlled legalisation of marijuana. The Greens state that “strict youth and user protection” would be the centre point of their legislation and hope to “pull the rug from under the black market”.

The SPD also want a reform of Germany’s prohibition stance – but are more cautious than the smaller parties on the legalisation aspect. They would like to initially set up pilot projects.

READ ALSO: Why Germany could be on the brink of legalising cannabis

Controversial topic

So far, the sale of cannabis is officially banned in Germany. Possession of cannabis is also currently illegal across the entire country. Those caught carrying the substance can face anything from a fine to five years in jail.

However, the justice system generally looks away if you are caught carry small quantities for personal use unless you have a previous conviction.

The definition of personal use differs from state to state, with Berlin having the most liberal rules and Bavaria the tightest.

It is estimated that around four million people regularly use cannabis in Germany.

Representatives of police unions in Germany have warned against legalisation. They argue that cannabis is an often trivialised drug that can lead to considerable health problems and social conflicts, especially among young people.

Oliver Malchow, from the GdP police union, said that “it doesn’t make any sense to legalise another dangerous drug on top of alcohol”.

The current Ministry of Health also continues to oppose the legalisation of cannabis, a spokesperson for Minister Jens Spahn (CDU) made clear. Cannabis is a dangerous substance and therefore legalisation is not advisable, the spokesman said.

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