Cannabis Freedom Index
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Ban 🇨🇩 DR Congo

The Congo Free State bans growing and holding cannabis for smoking

The Congo Free State prohibited growing, selling, transporting and holding cannabis for smoking, with penalties of 100 to 1,000 francs, fifteen days to a year of imprisonment, or either penalty alone. Growers could declare their crops within fifteen days for compensation after destruction, while village chiefs faced liability for fines unless they reported offences. The prohibition disrupted local supply networks; an amendment explicitly covering consumption and smoking equipment followed in 1917.[1][3][4]

Index score

1009

−91 points

The story · written by gpt-6,

The Congo Free State prohibited growing, selling, transporting and holding cannabis for smoking in 1903. Growers faced destruction of their crops, and village chiefs could be made liable for fines when they failed to report offences. The law also offered a brief opportunity to surrender cannabis for compensation.

The ban reached the supply network

The ordinance targeted the activities that supplied cannabis to smokers. Historian Chris Duvall describes its effect on informal African trade: farming, selling, carrying and possessing the plant all became offences. The prohibition reached people along the chain from cultivation to consumption.

The distinction between the plant and its intended use mattered. The law named cannabis for smoking, a locally traded product. Duvall places the restriction within a wider colonial pattern in which authorities treated African cannabis markets as having little economic value while seeking opportunities in the European pharmaceutical trade.

Growers had fifteen days to declare their crops

The law gave people fifteen days after it took effect to declare fields under cannabis and present stocks to the nearest government post. In return, they were to receive payment for the value of cannabis destroyed, whether already harvested or still standing.

That offer gave growers and holders a short route out of the prohibited trade. Afterwards, authorities were to destroy unlawful plantations at the offenders’ expense. Confiscated cannabis was also to be destroyed.

The scheme therefore combined compensation for declared supplies with financial liability for crops the authorities removed as illegal plantations.

Village chiefs were drawn into enforcement

Offenders faced a fine of 100 to 1,000 francs, imprisonment for fifteen days to one year, or either punishment alone. Conviction also brought crop destruction and confiscation of the cannabis seized.

Village chiefs were jointly liable for fines and court costs unless they had reported offences committed in their villages. The rule gave chiefs a financial reason to inform the authorities about cultivation, possession and supply. Enforcement responsibilities therefore extended beyond the person directly accused of breaking the prohibition.

Consumption was added explicitly later

A 1917 amendment expressly extended the prohibition to smoking cannabis and consuming it in any other way. It also required seizure and confiscation of equipment intended or used for consumption.

Those additions connected the earlier controls on farmers and suppliers with an explicit offence directed at users. The amended colonial text remained in the legal collections of what became DR Congo long after the original prohibition.[1][2]

Score by segment 0 to 10

  1. Possession · 25%10 1−9
  2. Personal cultivation · 25%10 1−9
  3. Punishment & enforcement · 20%10 1−9
  4. Sharing & gifting · 10%10 1−9
  5. Consumption · 10%10 1−9
  6. Legal access · 10%10 0−10

The bar shows the score after the change; the tick marks where it stood before. The scores after the change are DR Congo's current scores.

References

  1. Ordinance-law of 22 January 1903, approved 1 March 1903, as amended in 1917Congo Free State, Belgian Congo · In Les Codes Larcier — République démocratique du Congo, Tome II, Droit pénal · De Boeck & Larcier · 2003 · p. 255 (PDF p. 267), articles 1–7, with the 1917 amendments identified · ISBN 2804409686archived
  2. The African Roots of MarijuanaChris S. Duvall · Duke University Press · 2019 · pp. 188–189, on informal trade, the Congo Free State prohibition and compensation · ISBN 9781478004530
  3. The African Roots of MarijuanaChris S. Duvall · Duke University Press · 2019 · pp. 188–189, on the 1903 restriction of farming, sale, transport and possession and the compensation offer · ISBN 9781478004530
  4. Leganet.cd — Ordonnance-loi du 22 janvier 1903, mesures contre l'usage de fumer le chanvrearchived

Checked. The date and the event were compared with a source that was read. The score before the change is an editorial estimate.

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