Find out how a Poitiers court defies French law by refusing to try a cannabis grower for growing cannabis.

In a potentially groundbreaking verdict, the Poitiers Criminal Court recently ruled to quash a cannabis grower’s summons to court, refusing to try him for growing 144 cannabis plants weighing one kilogram. The case took place in Sérigny, a town near Châtellerault, and highlights major issues surrounding human rights and cannabis legislation in France.

Incompatibility with the European Convention on Human Rights

The court's decision is based on the assertion that current French law, which punishes the cultivation of cannabis for personal use, is incompatible with the European Convention on Human Rights (ECHR) . In France, Article L3421-1 of the Public Health Code punishes this activity with a sentence of up to one year in prison and a fine of €3,750. However, this sentence can be replaced by the payment of a fixed fine.

The court highlighted a lack of clear criteria for determining whether the offender should be punished with a prison sentence or only with a fine, leaving this decision to the discretion of the prosecution. This uncertainty contravenes the principle of foreseeability of penalties, a fundamental principle recognized by the ECHR.

Discrimination and Fair Treatment Issues

The judgment also highlighted potential discrimination, as the law could allow different treatment between two individuals in similar situations, a practice contrary to ECHR standards.

The defendant's lawyer, Nicolas Hachet , known for his active stance against the criminalization of cannabis, saw his client's summons canceled. The court suggested that the prosecutor could instead impose a fixed fine, which would be accompanied by an entry in bulletin No. 1 of the criminal record for three years.

Towards a Reform of the Public Health Code?

Nicolas Hachet does not intend to stop there. He plans to defend, before the ECHR as well as before other high French courts, the argument that fines, especially fixed fines, should not appear in the Public Health Code, particularly in the sections dealing with the fight against diseases and addictions. According to him, "punishing the sick with fines is inhuman and degrading treatment, in violation of Article 3 of the ECHR."

The case raises critical questions about how France handles cannabis legislation, and could signal the start of significant legislative reform on drugs and human rights.

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