Cannabis politics in France: an interview with Benjamin-Alexandre Jeanroy

Interview with Benjamin-Alexandre Jeanroy, an expert in cannabis policy in France

Benjamin-Alexandre Jeanroy is one of the leading experts in cannabis policy in France and Europe. He studied Political Science at Sciences Po Paris and International Peace Studies at the UN-mandated University for Peace in Costa Rica. He worked at the UN before setting up his cannabis consultancy, Augur Associates.

Why do you work in the cannabis sector?

I think, first of all, I've always been passionate about it as a consumer. And then I think it's down to my work in international relations, studying the inequalities between the Global South and the Global North. Learning how the general framework on cannabis was established in the first place, and then how it was created, I think that's what started my passion for drug policy.

What is the political situation of CBD cannabis in France?

The first CBD shops began appearing in France in 2018, and since then there have been ups and downs in the rules governing the sale of CBD. Historically, we have a very strong industrial hemp industry in France. Originally, the French hemp growers' associations wanted nothing to do with CBD flower (*which is where CBD and other *cannabinoids* are found – editorial note*), because they thought regulating it could put their work at risk. So French industrial hemp farmers were actively trying to maintain the status quo. But they couldn't stop the change, and now they are very interested in CBD flower.

Is the French government interested in legalising CBD flower?

The government is reluctant, because it's really about not giving the impression that they are legalising cannabis as such, given the symbolic power of the flower, or bud. Also because Macron doesn't really have control over the police and has to give them benefits and only do things that don't contradict them, or their culture, too much. That's why France is reluctant to legalise CBD flower, even though the changes needed could easily be put in place. We have all the tools to bring in this kind of CBD regulation in France, because in 2021 there was a report in the National Assembly, heavily influenced by a report from our consultancy, Augur Associates. And in November 2022 another resolution was adopted by the French Senate.

What exactly did the French Senate approve on cannabis in November 2022?

The resolution proposed the full legalisation of CBD in all its forms, the development of and support for an innovative and sustainable agro-industrial sector for local industrial hemp farmers, and a push in public policy to benefit consumers of hemp-derived products. Its content is quite similar to what was proposed in the National Assembly – editor's note.

Symbolically, the resolution is great, because it goes in the right direction, taking up most of the recommendations already included in the National Assembly report I mentioned. But the politicians in power are still a long way from putting these recommendations into practice, or even considering implementing them.

What should CBD businesses and their customers take away from the French Senate resolution?

It means that in France we still have a very complex situation, especially for producers and distributors of CBD cannabis, because the sale of any kind of CBD flower is still officially prohibited. For now, CBD can be sold in France, because we are waiting for the court ruling on this issue, which is still pending. After the widely followed KanaVape case, the government had to acknowledge that CBD was legal. But what they actually did was publish another decree, and this helped in many different ways. For example, we went from a legal THC limit of 0.2% to 0.3%, and we expanded the list of available cannabis seeds. A couple of other things were done too, although selling CBD flower directly to consumers is still prohibited. That was challenged in court, and the court gave a quick ruling on procedure and said: “this is urgent, so we are allowing this practice until we reach a final decision” – which has not happened yet. Yes, there are now shops selling CBD to end customers, but they are also waiting for the court's decision, which is expected before the end of 2022. The recommendations of the rapporteur public were in favour of allowing direct sales to consumers (in France, the rapporteur public is a judge who sits in an administrative court or the Tribunal des conflits and speaks publicly at the hearing to analyse the dispute and propose a solution – editor's note). However, if the verdict still says they cannot sell CBD, French CBD shops will have to close again and the whole matter may go back to the European Court of Justice. The process isn't over yet.

How is recreational cannabis use regulated in France?

This issue is what we call an electoral sea serpent: it always comes back, but it never gets resolved. Before Macron was first elected, he didn't seem to be against legalising recreational cannabis in France. Then, gradually, as the first campaign went on, he changed his position. In the end, he put forward a bill that is a form of decriminalisation, but which actually only made the current process worse.

Why do you say it made the cannabis situation in France worse?

Macron's bill did not remove the possibility of someone being arrested or jailed for smoking a joint, or simply for having a few grams of cannabis on them. In France, it's the *gendarmerie *police who decide whether to fine you or arrest you. And obviously, the people who get caught in public are people who can't use it at home. They are usually young people from an immigrant background living in economically deprived areas. This created a new problem, with people and their families falling into serious debt. It's something of a social justice issue.

Are there any changes to cannabis policy in France on the horizon?

For now, the prospect of change in French cannabis policy is extremely remote. I would even say that if any change happened now, it would probably be terrible, because the level of knowledge of this issue among our political class is extremely poor. Even people on the left of the political spectrum who advocate legalisation tend to be stuck in the vocabulary and mindset of the old days. For example, they call for a state monopoly on production or for arbitrary THC limits. Hopefully, the fact that cannabis reforms are happening elsewhere, and that we can watch them unfold, will serve as a lesson for France, and then we will move forward. I don't think we are ready for change now because of the political class's lack of knowledge. However, there is a growing push from people working in criminal justice (police, the judiciary), as well as from local elected officials.

The level of knowledge about cannabis among the French political class is extremely poor. Even those on the left who advocate cannabis legalisation tend to be stuck in the vocabulary and mindset of the old days. For example, they call for a state monopoly on production or for arbitrary THC limits.

Does that mean that there are no major politicians in France today who say: “I'm in favour of legalising cannabis”?

No, very few. The only ones who have adopted that position in their manifesto are on the left, such as La France Insoumise (LFI) or the Greens. The Socialists tiptoe around it, as in Germany, where the Social Democrats weren't very supportive either. On the centre right, there are often politicians, for example local officials such as mayors or deputy mayors, who support the legalisation of cannabis, as long as it doesn't hurt them too much politically. And that's where we get the most engagement, because local politicians face the reality of things in their towns and cities. Seeing the damage that drug enforcement causes in certain neighbourhoods – people die. We have a city in France called Grenoble, near the Alps, and a lot of people are killed there. Or look at Marseille, where there are many important and visible people in the drug trade. Obviously, some mayors are in favour of legalisation because they understand it's the only way out of this mess. However, national politicians don't listen to them or take them seriously. I would say that things in France have changed over the last five, six or seven years. In the past, if someone had talked about this on the news, journalists would have smiled and not taken it seriously. That has changed. Now we can have a serious conversation. It still depends on where and with whom, but it has definitely changed.

What is the situation of medical cannabis in France?

In March 2021 a medical cannabis experiment began, following 3,000 patients with five different conditions. The follow-up was supposed to be evaluated in April 2023, but it looks as if it will take another year. This is bad for two reasons. First, we are still putting patients in a very difficult situation. Patients who are not included in the experiment are still treated as criminals. Second, it's a budget issue. The government has no money for patients, or chooses not to spend it on them. The five conditions currently allowed in the experiment are all long-term illnesses, which means that patients who have them are usually reimbursed 100% by the French social security system. But the government doesn't want to pay for cannabis as medicine. Nor have they worked out how it will be reimbursed, not only for those long-term illnesses but also for other conditions that aren't necessarily life-threatening, such as chronic pain. They don't know where to place cannabis in the medical system.

Are you personally involved in the regulation of medical cannabis in France?

We drafted a ten-point document for the health authorities on the possible administrative statuses of medical cannabis products with a marketing authorisation. So they have the solutions or, at least, the options to regulate it. They have simply decided not to go ahead because they don't consider it a priority. What we also lack in France is patient involvement and influence. We have fairly weak organisations in that area, with no public support and very little private support from the cannabis industry.

We often hear that the Czech Republic is the country in Europe with the most cannabis users per capita, but other sources say France is the leader. How prevalent is recreational cannabis use in France?

I hear the same thing. It's often one or the other. I think this shows us that the policy we choose often has very little impact on how prevalent cannabis use is. Where it does make a difference is in the type of use. Does prohibition reduce problematic use? Does it reduce the number of first-time users? That's where we can see the difference between policies. In France we have a high prevalence of cannabis use because it's part of French culture. Cannabis is something we have been using for a long time. It started in Napoleonic times, but it became widespread after the Second World War, when France brought in many people from the Maghreb (north-west Africa – editorial note) to help rebuild the country, and those people brought hash culture with them. And hash remained dominant in France for a long time, until recently.

What about young people and cannabis in France?

The real problem is with teenagers, who don't take the authorities seriously because they've been told that if you smoke weed once, you'll go mad and ruin your life. Then, when they smoke weed for the first time and realise that isn't true, they stop following any other advice or information. In France, people drink alcohol far more consciously and responsibly than they use cannabis.

There's one thing I still don't understand: if so many French people use cannabis, why is it so unpopular with politicians?

It's purely a political choice. Politicians think cannabis won't help them win votes; on the contrary, they think they would lose them. They think they look stronger when they support cannabis prohibition. Our current Interior Minister is really bringing back the vocabulary of the war on drugs. On TV he literally calls it “cannabis shit”. It's terrible. And we see similar positions in other areas of drug policy.

I've heard that in France you can't even wear a T-shirt with a cannabis leaf on it. Is that true?

Our drug laws are arbitrary by definition. We know that. They are made to control, not to protect. As for what the law says exactly, it is forbidden to present any narcotic “in a favourable light”. In fact, you can be arrested for wearing a cannabis leaf on your T-shirt. Does it happen often? I don't think so. But could the police do it? Yes, they have that power, and they can use it if they don't like your face or your behaviour.

About the expert interviewed

Benjamin-Alexandre Jeanroy is one of the leaders of the cannabis movement in France. He studied Political Science at Sciences Po Paris and International Peace Studies at the United Nations-mandated University for Peace. Drawing on his experience at the United Nations, he founded Augur Associates to share his knowledge of how cannabis policy is evolving, with an emphasis on understanding between industry stakeholders and lawmakers.

Editorial note: after the interview had been finished and edited, news came that CBD is legal in France in all its forms.

* Article adapted from the original interview by Cannactiva.