In appeal 04-82.312, the Court of Cassation upheld a 1,000-euro fine imposed on an association president for incitement to use narcotics. The case involved cannabis-themed shirts, stickers, postcards and posters, including slogans encouraging cultivation or consumption. The Court found that the appeal judges had adequately established the material and intentional elements of the offence and rejected the challenge invoking freedom of expression. This applied an existing offence to the facts of the case; it did not enact a blanket ban on every depiction of a cannabis leaf.[1]
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References
- Court of Cassation — Criminal Chamber, 9 November 2004, appeal 04-82.312, original judgment on LegifranceMontpellier appeal judgment and 1,000-euro fine; sole ground of appeal, Court's reasons and rejection
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