Le cannabis ou chanvre indien inscrit

Application pratique:

This 1984 decision of the Cour de cassation (France's highest civil and criminal court) holds that cannabis is defined by the 1961 UN Single Convention on Narcotic Drugs, which prevails over ordinary French law (Article 55 of the Constitution). It is therefore not defined by the old Article R. 5166 of the Public Health Code. The landlord should not remove or handle the plants himself. He should record what he saw (dated photographs, the neighbour's written statement) and report it to the police, who will test the plants. He should also see a lawyer about terminating the lease for breach of the tenant's obligations, because the termination clause in the lease and a court order are what end the tenancy, not the criminal classification alone.

Application pratique:

The decision shows that the courts apply the international definition of cannabis, which means the seller's prosecution is a real one and cannot be dismissed on a technicality about French definitions. The buyers should ask their notaire (the public official who handles property sales) to check the land register for any seizure or forfeiture entry on the flat. They should also add a condition to the sale agreement making the sale conditional on the title being free of any such measure. If the notaire finds a risk, they should delay signing the final deed and take legal advice rather than lose their €10,000 deposit.

Application pratique:

The decision confirms that cannabis is treated as a narcotic under the 1961 UN Convention, so the cultivation is a criminal matter, whatever the owner argues about older French definitions. The syndic should call a general meeting, or act on the co-ownership's behalf if the rules allow, and report the facts to the police with photographs and the electricity readings. The co-owners can also ask the court to order the owner to stop using the cellar this way and to pay damages, under the building's rules (règlement de copropriété). Each owner should keep copies of the minutes, letters and evidence, since these will decide the outcome of any later court case.