Reference decision: cc • N° 90-87.478 • 1992-03-09 • View the decision →
This decision provides important insight into your real estate law. Here is what it changes for you.
The situation
Cannabis whose cultivation is punishable under Articles L. 626 and L. 627 of the Public Health Code is defined, not by reference to the regulatory provisions of said Code or to the community regulation of the hemp market, but by reference to the Single Convention on Narcotic Drugs of 30 March 1961, which has superior authority over domestic law pursuant to Article 55 of the Constitution (1). This convention, which moreover excludes the cultivation of the cannabis plant for industrial purposes from its scope, makes no distinction between cultivation of cannabis for trafficking and cultivation for personal use; on the contrary, its Articles 23 and 28 specify that the cannabis producer is required to deliver the entire harvest to the national control body.
What the law says
This decision confirms the fundamental principles of property law.
Key points
- Scrupulously observe the statutory time limits for appeals.
- Keep all your supporting documents (title deeds, notarial acts, correspondence).
- Be proactive: preventive advice is always cheaper than litigation.
For an analysis of your situation: 30-min consultation for €45 with Maître Zakine.
📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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