Legalizing cannabis in France: a parliamentary report aims to change the game

An unusual political duo, composed of Ludovic Mendes (EPR, formerly Renaissance) andAntoine Léaument (La France Insoumise), has just released a report that runs counter to the repressive approach advocated by some French political leaders, starting with Bruno Retailleau. For 17 months, these two members of parliament interviewed experts, met with stakeholders on the ground, and collected data to arrive at some sixty proposals, including a key recommendation: to legalize cannabis "the French way" and more broadly decriminalize drug use, for the sake of public health. The conclusions of their work, published this Monday, February 17, are likely to fuel an intense debate on the future of drug policy in France.

Both elected officials assert that the systematic repression of drug users has not yielded the desired results in terms of public health or safety. "For 30 years, we've been saying that drug users are criminals, accomplices of traffickers, that they have blood on their hands. Nothing has ever changed," observes Ludovic Mendes. For his part, Antoine Léaument, a proponent of a profound paradigm shift, advocates for an approach focused on prevention, support for users, and the fight against genuine criminal networks.

This new stance directly contradicts the vision of Bruno Retailleau, senator and leader of a hard-right faction who is calling for harsher criminal penalties for consumers. Where Retailleau sees the consumer as an accomplice criminal, the two rapporteurs advocate for a public health approach, inspired by the Portuguese example or certain North American models. Here's an overview of the key points of this ambitious report, its potential impact on the legal framework in France, and the debates it is bound to generate.

A landmark report: 17 months of work and 60 proposals

The project required 17 months of research and interviews. Its aim was to understand the extent of drug trafficking in France, its roots, its consequences, and to propose concrete solutions to curb violence and reduce the health risks associated with drug use. Ludovic Mendes and Antoine Léaument explored several avenues, consulting various health specialists, magistrates, law enforcement agencies, user associations, representatives of the agricultural sector, and even foreign stakeholders involved in legalization efforts.

At the end of their work, they agree on one major finding: current policy, which largely criminalizes use and directly targets users, has failed to achieve its objectives. Consumption figures for cannabis, cocaine, and MDMA (ecstasy) remain among the highest in Europe. The black market is thriving, and the enormous profits from trafficking fuel multifaceted criminal networks also active in human trafficking, pimping, and arms smuggling.

Of the report's 60 proposals, several converge on a key idea: regulating cannabis rather than repressing it, by creating a genuine legal and regulated market overseen by a specialized body. In parallel, the report's authors suggest a form of decriminalization for the possession of small quantities of other drugs (particularly cocaine), with the aim of prioritizing health support over systematic criminal prosecution.

Legalization "French-style": the heart of the proposal

The two members of parliament are proposing a French-style legalization of cannabis, meaning a model adapted to the specific administrative, legal, and cultural characteristics of France. This proposed option differs from both the system of coffee shops tolerated in the Netherlands and the highly liberal market approach practiced in some American states. Instead, the idea is to establish a rigorous framework, similar to the regulation of gambling.

A dedicated instance for assigning licenses

The report emphasizes the creation of an authority similar to the National Gaming Agency (ANJ), which currently regulates sports betting and other gambling practices. This independent body would be responsible for issuing licenses to various operators:

• Farmers : Cultivation licenses would be granted to operators wishing to start producing cannabis. These farmers would have to comply with specific standards, both in terms of environmental protection and THC level control.

• Retailers : Points of sale – specialist shops or pharmacies – would be required to comply with strict conditions (sales hours, prohibition of advertising targeting minors, verification of customers' ages, etc.).

• Cannabis clubs : Inspired by the Spanish “Cannabis Social Clubs”, these entities would be authorized to grow and distribute cannabis to their members, within an associative and non-profit framework.

• Home cultivation : The report proposes allowing individuals to cultivate a limited number of plants at home, subject to a declaration and strict regulation (number of plants, impossibility of resale, etc.).

According to Ludovic Mendes and Antoine Léaument, this public or semi-public body would have a key role: setting production standards, ensuring the sanitary quality of products, avoiding overproduction and guaranteeing that the revenues generated are taxed and reinvested in prevention and health structures.

Multiple objectives: health, safety and economy

This legalization aims to achieve several objectives:

1. Clean up the market : Take the cannabis trade out of the hands of traffickers and entrust it to controlled legal channels, in order to better fight against mafias, violence in certain neighborhoods and money laundering.

2. Protecting public health : Implementing quality controls, informing consumers about THC and CBD, preventing the circulation of adulterated products, and massively funding the prevention and treatment of addictions.

3. Developing an economic sector : Creating jobs, offering French farmers the opportunity to diversify, and generating new tax revenue. The rapporteurs mention the windfall of several billion euros annually that taxing this market could generate.

4. Adopting a risk reduction approach : Distinguishing between the occasional recreational user and the person in a situation of addiction, in order to offer relevant health monitoring, without overloading the courts for simple personal uses.

A paradigm shift in response to Bruno Retailleau's approach

The proposal for decriminalization and legalization contrasts sharply with the approach advocated for several months by Bruno Retailleau, who insists on the need for a tougher stance towards users. According to the senator, cracking down harder on demand would deter use and, consequently, dry up the drug trade. Ludovic Mendes rejects this logic: "For 30 years we've been saying that drug users are criminals, accomplices of traffickers, that they have blood on their hands. Nothing has ever changed."

The two MPs emphasized the consumption statistics in France: a steady increase over several decades, despite prohibition and repression. While not denying the role of the law and the police, they suggested refocusing enforcement efforts on actual traffickers, rather than on users who may need help or who consume drugs occasionally.

This gap between the so-called repressive vision and the more "sanitary" vision reflects a fundamental divide in the French political class: on one side, those who rely on deterrence through fear of the police; on the other, those who believe that this method has shown its limitations, and that a more pragmatic approach must be considered.

Divergent proposals on cocaine and other drugs

While the two MPs agree on the regulated legalization of cannabis, they are not perfectly aligned on other harder drugs, such as cocaine or MDMA.

• Ludovic Mendes' position : He suggests decriminalizing possession of less than 3 grams of cocaine, with a fixed fine for possession between 3 and 6 grams. Above 6 grams, the offense would still fall under the jurisdiction of a criminal court. The idea is to prioritize the fight against traffickers, while taking into account that some users are addicted and can find themselves in difficult situations.

• Antoine Léaument's position : The left-wing MP takes a more radical stance on decriminalization. He opposes, in particular, the principle of a fixed fine for doses exceeding 3 grams, believing that the criminal justice system remains counterproductive for users, even if the quantity exceeds this limit.

To justify his position, Ludovic Mendes refers to Portugal, where the decriminalization of drug use has led to better public health outcomes: “Portugal had major problems with heroin use. Decriminalizing drug use has led to much better results in terms of public health, due to improved care and because people were less afraid to seek support.”

Therefore, there is no question of legalizing, strictly speaking, all drugs in France, but rather of reviewing the penalties incurred by small users of opiates, cocaine or MDMA, in a spirit of risk reduction and referral to care facilities.

An anti-corruption component and enhanced whistleblower status

The report also directly addresses the issue of money laundering and corruption, considered essential components of drug trafficking. The findings describe situations where dockworkers, customs officials, or lawyers are bribed with the promise of large checks to facilitate the importation or distribution of drugs.

Ludovic Mendes insists on the importance of broadening the definition of corruption, which until now has often been limited to public officials: "We know that lawyers have been involved. However, corruption is never considered for these people, who are not all part of the government or the state. I am asking that corruption be recognized in the private sector."

The report also recommends creating or strengthening a whistleblower status for those who report money laundering or corruption, and who sometimes find themselves threatened by criminal networks.

Public health and youth protection

While the legalization of cannabis is at the forefront of the debate, the two MPs regularly emphasize the need to protect the most vulnerable groups, starting with minors. A crucial point is to strictly prohibit sales to those under 18 (or even 21, according to some scenarios) and to implement early awareness programs.

Far from normalizing consumption, regulated legalization would be accompanied by prevention measures, information campaigns, and more accessible medical and psychological support for adolescents showing signs of addiction. In this framework, authorized shops or "cannabis clubs" would be required to verify the age of their customers, under penalty of severe sanctions, similar to the regulations already in place for alcohol or tobacco.

Plans are also in place to strengthen the resources of school medicine and specialized addiction treatment centers, so that young consumers can benefit from appropriate monitoring without fear of criminal prosecution.

The possibility of a referendum and the question of political will

The rapporteurs raise a rather ambitious proposal within the French institutional landscape: holding a referendum on the legalization of cannabis. This idea stems from two observations: firstly, the issue transcends the strictly parliamentary sphere, touching upon societal values ​​and lifestyles; secondly, Emmanuel Macron has recently expressed his interest in more direct forms of consultation.

There's no guarantee the President of the Republic wants to venture into such sensitive territory. But the proposal has been put forward: from a political standpoint, a referendum could formalize the popular will and lend strong legitimacy to the reform. Many unknowns remain: the wording of the question, the risk of a highly polarized debate, and the likelihood that the executive branch will endorse such an initiative.

In the event that a referendum were held, those in favor of reform are already sharpening their arguments, relying on the results of countries that have legalized or decriminalized, while opponents raise the risks of trivialization and increased consumption.

The repercussions on the black market and security

The stated objective of this new system is to deprive drug trafficking networks of a large portion of their revenue. The illegal cannabis market in France is worth several billion euros annually. According to proponents of legalization, establishing an official distribution network, with quality control and regulated access, would significantly reduce the profits of criminal organizations and limit the turf wars plaguing certain neighborhoods.

However, experience in Canada and some American states shows that a black market can persist even after legalization, especially if legal cannabis is heavily taxed and therefore more expensive. To avoid this pitfall, the report's authors recommend balancing taxation: high enough to fund prevention and healthcare, but not so high as to maintain a highly competitive illicit market.

From a security standpoint, law enforcement could redeploy some of its personnel to more targeted missions: tracking down hard drug traffickers, combating organized crime, and monitoring authorized drug sales points. Such a reorientation would require training and a shift in police priorities, which can sometimes be difficult to implement.

Cannabis in France: an already existing market

Even though cannabis is officially prohibited (above 0.3% THC), the reality on the ground is one of widespread consumption across all social classes. According to recent studies, France remains one of the European countries with the highest cannabis consumption, particularly among young people.

At the same time, the success of CBD (cannabidiol), authorized under certain conditions, has familiarized a segment of the population with hemp derivatives. Specialized CBD shops have proliferated across the country, attracting customers seeking relaxation, well-being, or stress management. This proliferation of CBD products has, according to some observers, contributed to normalizing the idea that cannabis can be consumed in various forms without necessarily seeking the psychoactive effects associated with THC.

In this context, proponents of legalization believe that moving to a regulated market for THC would only be a further step, already initiated by the partial legalization of CBD and the growing societal tolerance towards cannabis.

The economic potential of regulated legalization

Estimates vary, but many experts agree that legalizing cannabis could generate several billion euros in revenue annually. Between sales taxes, job creation (farmers, distributors, testing laboratories, etc.), and the emergence of related services (tourism, hemp-related events, professional training), the financial windfall is potentially substantial.

The Mendes-Léaument report proposes massively reinvesting these resources in:

• Prevention and care : health facilities, risk reduction programs, information in colleges and high schools, training for health professionals and social workers.

• Research : funding for studies on the therapeutic use of cannabis, the analysis of addictions, the development of less harmful strains, etc.

• Control and targeted repression : strengthening judicial and police resources to combat criminal networks remaining active on the margins of the legal market (international trafficking, hard drugs, etc.).

This prospect of a French cannabis industry, certified and regulated, also appeals to some farmers, who see it as an opportunity to diversify their income in a sector undergoing change (declining profitability of meat, milk, etc.). A "French cannabis" quality label, inspired by the spirit of protected designations of origin, is sometimes mentioned.

The example of Portugal and other international models

The report draws on international examples to support its recommendations. Portugal, frequently cited, opted for the decriminalization of all drug use in 2001, favoring health and social support over criminal penalties. Portuguese authorities have observed relatively positive results in terms of public health: a decrease in overdoses, improved referral of addicted individuals to support services, and a reduction in the stigmatization of drug users.

Regarding the legalization of cannabis, attention is turning to:

• Canada : Since 2018, cannabis has been legal for recreational use. The federal government sets an overall framework, while each province defines its own distribution rules. Feedback has been mixed: the black market hasn't completely disappeared, but legalization has led to better health oversight and significant tax revenue.

• The United States : Cannabis remains illegal at the federal level, but many states (California, Colorado, Washington, etc.) have legalized it for recreational use. These local studies demonstrate that excessive taxation can maintain the appeal of the illicit market, but that proper regulation and prevention campaigns can limit abuses.

• Spain : Cannabis "social clubs," tolerated in some provinces, allow cultivation and collective consumption within an association framework. This model partially inspired the two French members of parliament in their proposal to create licensed "cannabis clubs."

• The Netherlands : Contrary to popular belief, cannabis production remains officially illegal there. Only resale in coffee shops is tolerated. This paradoxical system has sometimes shown its limitations (illegally supplied, influence of organized crime), although it has had the merit of decriminalizing consumption.

These different examples are not all directly applicable to France, but they offer a range of solutions for imagining a national model.

Political issues and partisan divisions

The fact that a member of parliament from the presidential majority (even if now in the EPR group) and a member of La France Insoumise (LFI) have joined forces to propose the legalization of cannabis sends a strong political signal. It demonstrates that, on this issue, there are majorities of opinion that can transcend the traditional left-right divide.

Nevertheless, the initiative is not universally supported. Within the majority, some elected officials remain hostile to the idea, fearing a surge in consumption or disapproval from a segment of the conservative electorate. On the right, the position championed by Bruno Retailleau seems to resonate with other public figures who advocate for increased repression. As for the National Rally, it is rather divided: some of its leaders express a categorical rejection of any legalization, while others are open to the idea of ​​limited decriminalization.

On the left, the situation is also complex. While the Greens, the Socialist Party or LFI are traditionally more open to decriminalization, some political leaders of these parties fear that total legalization sends a "bad signal" or reinforces health inequalities (for example, in working-class neighborhoods already affected by other social problems).

This diversity of sensitivities suggests lively debates in Parliament, should a bill be based on the Mendes-Léaument report.

A "rearmament of judicial resources"

Among the proposals is the idea of ​​"reinforcing judicial resources." The two members of parliament are not advocating widespread leniency. On the contrary, they wish to provide the justice system with more resources to:

• Effectively prosecute traffickers : By targeting international networks, importers of large quantities, and structured criminal organizations that profit from prohibition.

• Combating corruption : Develop a legislative framework to punish anyone involved in acts of corruption, whether they are a public official or a private sector professional.

• Supporting users : Establishing specialized jurisdictions to quickly handle cases related to addictive behaviors, with a broader health and social component.

The rapporteurs believe that decriminalizing simple use would relieve the courts of a multitude of cases related to the possession of small quantities of drugs, in order to focus on truly serious offenses and crimes.

Protection of minors and accountability of adults

The issue of protecting young people is a recurring theme in the debate. Legalizing cannabis raises fears of its normalization among middle and high school students, who are more vulnerable to its toxic effects. Those in favor of regulated legalization respond that currently, the black market does not verify the age of buyers and that a total prohibition does not prevent minors from obtaining cannabis.

In the proposed system, penalties for selling or supplying narcotics to minors would be strengthened, while entry checks at legal points of sale would be mandatory, under penalty of license revocation. The two members of parliament emphasized the preventative aspect: training for teachers and educators, targeted information campaigns, and parental involvement.

For adults, the idea is to take responsibility. By purchasing legal cannabis, each person would know precisely what they are consuming (THC level, absence of harmful substances) and would commit to respecting the law, particularly regarding places of consumption. Prohibitions, modeled on those relating to tobacco or alcohol (no consumption while driving, no consumption in the workplace, etc.), could be implemented.

What future for the debate?

The publication of this report is a media and political event. It remains to be seen whether it will have a concrete impact on French law. The options are numerous:

• Parliamentary debate : The two elected representatives can introduce a bill, which will be debated in committee, amended, and then submitted to a vote in the National Assembly and the Senate. However, there is significant resistance from certain political forces.

• Government initiative : The executive branch could adopt some of the proposals, especially if Emmanuel Macron plans to open the debate on legalizing cannabis or decriminalizing certain uses. This will depend on the political direction and public opinion pressure.

• Referendum : As mentioned in the report, the idea of ​​a direct consultation of the French people is being considered, even if it remains uncertain within the current institutional framework. This is probably the boldest and most difficult option to implement.

• Status quo : It is entirely possible that this report will generate only fleeting interest before other priorities take precedence. The complexity of the subject, the multiplicity of stakeholders, and political disagreements could block any reform in the short term.

The coming months will therefore be crucial in assessing whether the joint appeal from a member of parliament from the presidential coalition and a member of La France Insoumise succeeds in shifting the political landscape at the highest level. The existence of a societal demand for a less repressive approach is palpable, as evidenced by the growing popularity of CBD and the curiosity surrounding legalization experiments abroad.

At the same time, the opposition, led by politicians like Bruno Retailleau, will continue to advocate a punitive strategy, supported by a segment of the public that fears the normalization of drugs. Concerns about increased consumption among young people, the impact on road safety, and mental health remain powerful arguments for maintaining prohibition.

The Mendes-Léaument report, with its 60 proposals, stands out as the most ambitious attempt to open up French legislation to more flexible and better-regulated drug laws. The authors hope that this cross-party work will initiate a revolution in attitudes, encouraged by the evolution observed in several of our European neighbors and by an international context increasingly favorable to the legalization of cannabis.

The stakes, whether health-related, economic, or security-related, are immense. The idea of ​​a French-style legalization of cannabis, combined with the partial decriminalization of other drugs, is no longer merely the subject of theoretical debate: it is taking shape in a robust parliamentary report, the result of a year and a half of research. The reactions that will follow, within the government, political parties, public opinion, and the media, will reveal whether France is ready to take this historic step and break with decades of prohibition that, according to Ludovic Mendes and Antoine Léaument, have failed to deliver on their promises.

Meanwhile, the mere fact that two parliamentarians from such different backgrounds are jointly calling for this change marks a turning point: never before has the issue of legalization, decriminalization, and the reorientation of drug policy been addressed so jointly, with such a high level of agreement on the essentials. Far beyond a temporary alliance, this rapprochement could pave the way for a united front of elected officials who, despite their differences, would agree on the urgent need to end the ineffectiveness of current policies and finally explore a health and social approach to address one of the major challenges facing our society.