French Constitutional Council Upholds Cannabis Fine Amid Controversy

The French Constitutional Council has upheld a controversial law imposing fines for the use of cannabis, marking a significant shift in the country's approach to drug regulation. The decision, made last week, confirms the validity of the so-called 'Poulliat fine,' named after its creator, and allows the law to be enacted following its publication in the Official Journal on March 24. This development follows a parliamentary challenge that temporarily halted the law's implementation

The law, which introduces a fixed fine for cannabis use, is set to take effect immediately, though practical enforcement may face delays. According to Yann Bisiou, a legal expert, while the law is technically in effect as of March 25, its actual enforcement hinges on the issuance of specific guidelines and the provision of necessary equipment to law enforcement. These logistical hurdles could delay the law's practical application

Justice Minister Nicole Belloubet has indicated that 'penal circulars' are required to guide police officers in applying the fines. Additionally, law enforcement agencies need to be equipped with devices such as tablets to process the fines, which could further stall the law's implementation. This process underscores the complexities involved in enforcing new drug laws and the potential for administrative delays

Critics of the law argue that it may deter individuals from contesting fines due to the financial burden of legal challenges. The fines are structured to increase if not paid promptly, with a reduced rate of €150 if paid within 15 days and a standard rate of €200 if paid within 45 days. Failure to pay within this period results in an increased fine of €800. This system, critics say, discourages legal appeals, as contesting the fine requires an upfront payment of the fine amount, which could be increased by 10% if the appeal is unsuccessful

The broader implications of the law raise questions about its effectiveness and impact on public health. While the legislation aims to streamline the judicial process for drug offenses, some experts, including Bisiou, question whether it addresses the underlying issues of drug use and public health. The law's critics argue that it prioritizes financial penalties over comprehensive drug policy reform, pointing to other countries that have taken more progressive stances on drug decriminalization