Cannabis Freedom Index

Changelog fd285e2

Verify Madagascar's 1958 and 1960 rongony penalties

2 history entries edited1 article edited1 file of code, design or docs +125 −24 lines

History changes.yaml

Edited 2

Madagascar raises rongony penalties to as much as five years

description

Madagascar raised the penalty for growing, preparing, transporting, selling, possessing or consuming rongony to six months to five years in prison, and a fine of 10,000 to 1,000,000 francs, or botheither punishment alone. President Philibert Tsiranana's government said earlier colonial penalties had failed to … itate offences faced the same penalties, with confiscation or closure and a residence ban.

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Madagascar adds penalties for growing and possessing rongony

description

The colonial administration made an assemblyMadagascar's Representative Assembly passed a decision against cannabis cultivation and possession, which the colonial administration made enforceable, adding those offences to the older ban on preparing, peddling, selling and consuming rongony. A later government memorandum records eleven days to one month in prison and a fine of 36,001 to 60,000 francs, with higher penaltiesup to two months and 100,000 francs for repeat offences. Two years later Madagascar replaced these rules with sentences reaching five years.

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Articles and atlas entries 1

madagascar-rongony-penalties-raised-1960 articles/madagascar-rongony-penalties-raised-1960.md

text

Madagascar raised the maximum punishment for cannabis offences to five years under an ordinance signed on 28 July 1960.[@1] Growing, preparing, transporting, selling, possessing or consuming rongony could bring six months to five years in prison, a fine of 10,000 to one million francs, or botheither punishment alone; the same penalties extended to people helping those activities.[@1] ## Officials wanted longer sentences The government argued that earlier rules had failed … ce far below that of opium. Officials used those arguments to support stronger punishment.[@1] The [1915 colonial decree](/history/madagascar-colonial-rongony-ban-1915/) had prohibited preparation, peddling, sale and consumption, with a maximum of one year in prison.[@1] A [1958 decision](/history/madagascar-cultivation-possession-penalties-1958/) added cultivation and possession offences with shorter prison terms and fines.[@1] The new ordinance explicitly repealed both texts.[@1] ## One rule covered growers, sellers and consumers The opening article prohibited cannabi … sale, possession and consumption. All those activities fell under the same penalty clause.[@1] That clause allowed six months to five years in prison and a fine of 10,000 to one million … ed no separate shorter sentence for someone who held only a small amount for personal use.[@1] The maximum rose substantially above that recorded for the earlier smoking-and-sales decree.[@1] ## Helping could cost a vehicle or premises The ordinance also reached people who facilit … harged for it or offered it free. The same sanctions applied to assistance by other means.[@1] For those cases, the court had to confiscate the vehicle or close the premises. A ban on residence also followed.[@1] The explanatory memorandum highlighted these consequences when describing how the new law would act against people organising the rongony trade.[@1] ## A later law separated personal quantities President Philibert Tsiranana signed the ordinance with the ministers responsible for the interior and justice.[@1] It appeared in Madagascar's official journal on 6 August 1960 and remained a reference in the country's later drug legislation.[@1,2] The [replacement law promulgated in 1997](/history/madagascar-drug-law-1997/) expressly repealed it and introduced distinct sentences for small quantities intended for personal consumption.[@3] The earlier law's shared penalty for growing, selling and consuming had given way to a more differentiated system in [Madagascar](/country/mg/).[@3]

Code, design and documents 1 file

docs/research/history-madagascar-scan-2026-10-25.md +100 −0
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+# Madagascar: reading the 1962 UN scan, 25 October 2026
+
+The 21 October pass added Madagascar's 1958 and 1960 rongony entries but left both unchecked. It
+had read only indexed text of UN document E/NL.1962/8; the PDF scan would not download. This pass
+recovered the two-page scan, read it both as extracted text and as an image, and used it to verify
+the entries. No scores changed.
+
+## The document
+
+**United Nations, E/NL.1962/8, 6 August 1962, French only.** The document communicates Madagascar's
+Ordinance 60-073 to the Secretary-General under the 1931 Narcotics Convention, as amended by the
+1946 Protocol. Its two pages reproduce the ordinance from the *Journal officiel de la République
+malgache*, no. 113 of 6 August 1960, p. 1372.
+
+Page 1, explanatory memorandum:
+
+- Paragraph 1(a) describes the decree of 9 October 1915, promulgated by an order of 3 December
+  1915 and published in the colonial official journal on 11 December 1915, p. 1222. It punished
+  preparation, peddling, sale and consumption with a fine of 100 to 3,000 francs and six days to
+  twelve months in prison, or one of those penalties alone.
+- Paragraph 1(b) describes order 145-CG of 23 May 1958, which made deliberation 58-34/AR of
+  17 April 1958 enforceable. It added cultivation and possession to the earlier offences and set
+  eleven days to one month in prison and a fine of 36,001 to 60,000 metropolitan francs; repeat
+  offences could bring two months and 100,000 francs. The order was published in the *Journal
+  officiel* of 31 May 1958, pp. 1241–1242.
+- Paragraph 2 argues that the existing maximum of one year was disproportionate, that rongony was
+  a narcotic classified in France in Table B, that its effects were analogous to opium, and that a
+  kilogram of rongony cost twenty times less than a kilogram of opium. It cites police reports of
+  spreading consumption.
+
+Page 2 gives the ordinance's operative articles:
+
+- Article 1 prohibits cannabis cultivation throughout the territory.
+- Article 2 prohibits preparation, transport, sale, possession and consumption.
+- Article 3 sets six months to five years in prison and a fine of 10,000 to 1,000,000 francs, or
+  one of those penalties alone.
+- Article 4 applies the same penalties to anyone facilitating an offence by providing a vehicle or
+  premises, for payment or free, or by any other means. The court must confiscate the vehicle or
+  close the premises, and a residence ban follows automatically.
+- Article 5 repeals contrary provisions, in particular the 1915 decree and the 1958 deliberation
+  made enforceable by order 145-CG.
+- Article 6 provides for publication in the *Journal officiel* and execution as a law of the
+  Malagasy state. The ordinance is signed at Tananarive on 28 July 1960 by President Philibert
+  Tsiranana, Justice Minister René Rakotobe and Interior Minister André Resampa.
+
+The extracted text has OCR errors, especially around accents and the abbreviation for francs. The
+penalty figures were checked against the page images.
+
+## Database changes
+
+- `madagascar-cultivation-possession-penalties-1958` is now `checked: true`. The description names
+  the Representative Assembly, gives the fine range of 36,001 to 60,000 francs, and records the
+  repeat-offence maximum of two months and 100,000 francs. The locator points to PDF p. 1,
+  paragraph 1(b), and the *Journal officiel* pages.
+- `madagascar-rongony-penalties-raised-1960` is now `checked: true`. The description gives the
+  fine range of 10,000 to 1,000,000 francs and says "or either punishment alone". The locator points
+  to PDF pp. 1–2, memorandum paragraphs 1–2 and Articles 1–6, and the *Journal officiel* page.
+- The 1915 entry was not changed. Its description already matched the memorandum's account of the
+  1915 decree, including the 100 to 3,000 franc fine and the six-day to twelve-month prison range.
+- `articles/madagascar-rongony-penalties-raised-1960.md` now has per-sentence citations. Its first
+  source locator records that the scan was read, and its country link was corrected from Myanmar to
+  Madagascar.
+
+## Why the scores did not move
+
+The existing vectors already describe the changes the scan confirms:
+
+- 1958 takes possession and cultivation from 10 to 1. Before the 1958 order, the 1915 decree
+  covered preparation, sale and consumption but not cultivation or possession. The order added
+  those offences with a maximum of one month and a substantial fine.
+- 1960 takes possession and cultivation from 1 to 0 and enforcement from 2 to 1. The maximum rose
+  to five years, so prison became a realistic outcome for a user, while the law still allowed a
+  fine alone. Sharing and consumption stayed at their previous scores; the ordinance applied the
+  same penalty clause to sale, possession and consumption but did not create a separate sharing
+  offence.
+
+The chain remains `1915 100 → 55`, `1958 55 → 10`, `1960 10 → 3`, `1997 3 → 9`, with no direction
+flags.
+
+## Remaining gaps
+
+- The original 1958 deliberation and order 145-CG were not recovered. The 1960 memorandum is a
+  government account written two years later, and the entry says so. The penalties and the date
+  are verified from that account, not from the 1958 gazette itself.
+- The 1960 ordinance is dated 28 July 1960 and published on 6 August. The entry keeps the signature
+  date, consistent with the existing Madagascar timeline; the article says "signed", not that the
+  ordinance became enforceable that day. A commencement notice or the gazette's own effective-date
+  rule would settle the point.
+- The 1997 law is still read from the Ministry of Commerce reproduction, not a complete original
+  gazette. The article uses it only for the repeal and the separate personal-quantity sentences.
+- The 1915 local promulgation order of 3 December 1915 was not independently read; the 1960
+  memorandum is the source for that date.
+
+## Validation
+
+`node scripts/data-status.cjs chain mg` gives the four steps above with no flagged changes.
+`npm run history:test` passed 38 tests, `npm run answers:test` passed 16, and `npm run build`
+built 4,142 pages. The 1960, 1958 and 1915 history pages were checked in the built output: every
+citation mark resolves, and the internal links to 1915, 1958, 1997 and Madagascar resolve. The 1960
+page cites all three of its sources.

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