SHARE
COPY LINK

DRUGS

France looks set to soften its laws on smoking cannabis

France's fight against cannabis, through tough laws to punish users, has long been a failure -- the French remain among Europe's biggest dope smokers. So will a change of strategy under President Emmanuel Macron have more success?

France looks set to soften its laws on smoking cannabis
People take part in a protest to support the legalisation of cannabis in Paris. Photo: AFP
And the new centrist government is preparing to soften legislation, making users caught with cannabis liable for an instant fine of €150-200 instead of prosecution and the threat of a one-year jail term.
 
Users currently also face fines of up to €3,750.
 
The change was an election campaign pledge from Macron last year, justified on the grounds that it would reduce the time spent by the police and judiciary on criminal cases involving recreational smokers.
   
The plan has been backed by a cross-party report for parliament, set to be unveiled on Wednesday, which rejects the idea of legalising the drug despite gains worldwide for a radical change in policy.
   
“At the moment we have procedures that complicate the lives of our police and court officials for not much in terms of results,” Christophe Castaner, the head of Macron’s Republic On The Move (LREM), said Monday.
   
He said there were 1.2 million regular users in France — higher than other estimates of around 700,000 which makes France one of the biggest consumers of the drug on the continent.
   
The smell of the pungent herb wafts through streets around the country, while Macron found himself in a cloud of ganja in the overseas French territory of Cayenne in October.
   
Posing for selfies with young people on a Friday night, the 40-year-old joked that “I’ve still got a nose for it… that will not help with your school work.”
 
Clarity and deterrence
 
A 2014 study by the French Observatory for Drug Use and Addiction (OFDT) found that 48 percent of 17-year-olds had tried the drug and nine percent were regular users.
   
Given its widespread consumption, French police have long given up bothering to arrest most people caught in possession of small quantities of the drug despite the mental health risks associated with heavy use, particularly in young people.
   
“A young person who gets caught smoking a joint knows that he or she risks nothing,” Castaner added in his interview on Monday with France Bleu radio.
 
Photo: AFP
   
Even when criminal procedures are launched — there are around 140,000 annually for drug possession — only 1,283 of them led to prison time for culprits in 2015, according to figures contained in the parliamentary report.
   
And the law is applied inconsistently, with prosecutors in northeastern Lille pressing charges against anyone caught in possession of more than 20 grams of cannabis, while the threshold is generally 50 grams in Paris, the report adds.
   
The on-the-spot fine scheme is intended to bring clarity and serve as a deterrent, with ministers and Macron all against following the worldwide trend towards decriminalising cannabis out of fear of normalising drug use.
   
“I’ll give you my personal conviction: we shouldn’t decriminalise cannabis, but on the other hand we need to face up to our failure,” Economy Minister Bruno Le Maire said at the weekend.
 
‘Not normalising cannabis’
 
In the United States, six states have begun producing and selling pot for recreational use, including California, while Canada is set to legalise hash in July this year.
   
In 2013, Uruguay became the first country in the world to completely legalise the production and sale of the drug, while in Europe, the Netherlands, Spain and the Czech Republic have laws tolerating personal use by adults.
   
One of the lawmakers who prepared the French parliamentary report, Eric Poulliat from Macron’s LREM, stressed to AFP that the fine “is not normalising cannabis or a step towards decriminalisation.”
   
Pro-legalisation lobby group Echo believes the French leader, elected last May, is missing an opportunity for more radical reform that would hurt dealers where it hurts — in their pockets.
   
“The regular cashflow for a dealer who sells several products comes from cannabis,” Benjamin Jeanroy from Echo told AFP. “If you take that away from them, then you’re hitting them financially.”
   
In a December 2014 study, the left-leaning think-tank Terra Nova calculated the possible tax gains from legalising and regulating cannabis at 2.0 billion euros a year for the state.

DRUGS

Germany should make cannabis available at pharmacies not ‘coffee shops’, says FDP boss

Germany's possible new government could well relax the country's strict cannabis laws. But FDP leader Christian Lindner says he doesn't want to go down the Netherlands route.

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. 

SHOW COMMENTS