Towards a possible relaxation of the law on cannabis in Tunisia?

Vers un possible assouplissement de la loi sur le cannabis en Tunisie

Cannabis in Tunisia is not exempt from legislation. Indeed, as in many countries around the world, the cultivation, possession, and consumption of this plant, regardless of its form, are subject to regulations. These regulations may seem harsh and repressive to some, but normal to others. It all depends on one’s perspective. With this in mind, we invite you to explore the context of cannabis in Tunisia, focusing on a significant current event and the potential relaxation of laws concerning the plant. Summary:

30 years in prison for a joint!

Some might think this is a fictional film. But no. This is indeed Tunisia, on January 20th. In the Kef court, in the northwest of the country, three men were sentenced to

30 years in prison for smoking a joint.

The incident reportedly took place in a stadium, the court spokesperson explained to the newspaper La Presse. Let’s read on.

“One of the defendants, the stadium’s security guard, hid a quantity of cannabis in the locker rooms, and the three defendants consumed the drug at the sports facility.”The court further argued that the case involved aggravating circumstances. Among them: the fact that the three men were allegedly “an organized group” and that they smoked the joint in a “public place.” According to Law 52, ​​this warrants a severe sentence. These circumstances, it is argued, are what justified this 30-year prison sentence for smoking a joint.

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Furthermore, regarding this conviction, the court upheld the law. However, in the streets, some are denouncing a “police state.” Indeed, hundreds of demonstrators took to the streets of Tunis to protest the Kef court’s decision. Moreover, on social media, Tunisian citizens are calling for a relaxation of this cannabis law or even the legalization of the plant. Law 52 is said to account for 20% of Tunisia’s prison population. This 30-year prison sentence for smoking a joint brings a rather sensitive issue back to the forefront: Law 52. In fact, it is not a recent law. Its inclusion in the Tunisian legal framework dates back to the Ben Ali regime, specifically the 1990s. Indeed, some argue that this law was enacted for political reasons. In fact, at that time, the president’s brother, Habib, was reportedly arrested for international drug trafficking (Netherlands, France, and Tunisia). Thus, the president, seeking to distance himself from the affair, allegedly passed Law 52. This law is now increasingly criticized, as it is said to have imprisoned approximately 5,000 people, representing 20% ​​of the Tunisian prison population. In light of this, many are calling for its relaxation. While awaiting a resolution, the three men are appealing. Furthermore, the Cannabis Liberation Front (FLC) will provide them with legal assistance.

“We are working in coordination with a group of lawyers, as well as with public figures, to end these convictions and to legalize cannabis consumption in Tunisia, by presenting various economic, legal, and social approaches,” a member explained to the newspaper La Presse. Prime Minister Hichem Mechichi has reportedly promised to update Law 52 on cannabis.

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The 30-year prison sentence for smoking a joint, and the ensuing events, have not gone unnoticed by the Tunisian government. Indeed, the Prime Minister has reportedly promised a review of the law. “The government will examine the revision and amendment of Law 52, ​​concerning drug use,” announced Hichem.

His chief of staff, Moez Lidinallah Mokaddem, added:

“This law is outdated, and we will propose a legislative initiative aimed at reducing the prison sentences for drug users.”

Furthermore, the centrist Reform group in Parliament is proposing an amendment. Its president, Hassouna Nasfi, explained to Mosaique FM:

“The proposal aims to ease the criminal penalties that could be imposed on users and to toughen the sanctions for traffickers and gangs that encourage drug use.” Based on this, there will be custodial sentences for traffickers and alternative sanctions for simple users.

Furthermore, instead of prison sentences for users, fines have been proposed. On the one hand, 500 to 1000 dinars for a first conviction (approximately 150 to 300 euros). On the other hand, 2000 dinars for repeat offenses (approximately 600 euros). Along the same lines, Hichem Ben Ahmed, Member of Parliament and former minister, emphasizes that:

“Together, let’s save these young people and remember that they are not criminals, but targets and victims of criminals who must be brought to justice.”

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( Rédacteur en chef spécialisé en CBD )
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