Unprecedented decision: cannabis grower escapes trial in France

In an interesting legal twist, a man arrested for growing 144 cannabis plants and possessing one kilogram of the product has managed to evade French justice. How is this legal escape possible?

The case of a dropped charge

Originally from Sérigny, a small town near Châtellerault, the man was caught by the gendarmes growing cannabis plants in his home. And it's a scenario we could see more and more, given that cannabis is the most widely consumed substance in the world.

Despite this fact, the Poitiers Criminal Court cancelled his summons to appear in court and refused to prosecute him. Such an act defies article L3421-1 of the French Public Health Code, which punishes the cultivation of cannabis for personal use with one year's imprisonment and a €3,750 fine.

Contradiction with the European Convention on Human Rights

However, the court dismissed this charge on the basis of Article 7, paragraph 1 of the European Convention on Human Rights (ECHR), which stipulates that an offence cannot be punished more severely than it was at the time it was committed.

In their view, there are no established criteria for determining whether a consumer should be punished with a year's imprisonment and a €3,750 fine, or simply with a fixed fine, leaving it up to the arbitrary discretion of prosecutors.

Complex legal situation in France

The current situation is problematic because it runs counter to the principle of foreseeability of penalties, which is an integral part of the Convention and the case law of the European Court of Human Rights. Furthermore, this legal provision could potentially lead to a difference in treatment between two defendants in similar situations, thus creating discrimination contrary to the ECHR.

Nicolas Hachet and the fight for change

Nicolas Hachet, defense lawyer, has a particular battle on his hands. He is seeking to combat the idea that the penalty of a fine, especially when it is fixed, has a place in the French Public Health Code, specifically in the section devoted to the fight against diseases and addictions.

Hachet's main argument is that “you can't fight disease by imposing fines on the sick“, a position he considers to be in line with the respect for human rights enshrined in Article 3 of the ECHR.

Possible future consequences

A legal precedent could be set. This decision could lead to a revision of French law concerning the personal cultivation of cannabis, since it has been recognized as discriminatory by a French court.

It could also lead to an increase in similar cases. If the position of the Poitiers Correctional Court is taken up by other French courts, this could lead to an increase in cases where the accused may escape conviction.

This continuing evolution in the legal treatment of soft drugs underlines the need for a deeper reflection on the legislation currently in place in France. It is crucial to guarantee the fairness and predictability of justice without compromising public health.

See also: Cannabis, France, News

Paul Royer

CBD Expert EditorExpertise : CBD brand reviewer & product tester

Since 2019, I've been sharing my passion and in-depth knowledge on Miister CBD. My journey began with a personal quest for quality CBD products, leading me to discover numerous European and international shops and brands. I am not only an avid reader and researcher passionate about science and the latest technologies, but I also hold a degree in digital marketing. My regular attendance at conferences in Switzerland and cannabis-related events speaks to my commitment and expertise. My enjoyment in writing about innovations in the CBD sector aims to inform and educate, relying on a solid foundation of knowledge and a reliable reputation.