Cannabis Freedom Index
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Ban 🇧🇫 Burkina Faso

France extends its poisonous substances law to French West Africa

A decree extended France's Act of 12 July 1916 on the importation, trade in, possession and use of poisonous substances to French West Africa, which included what is now Burkina Faso. The regulations made under that Act in France list Indian hemp, its resin and their preparations among the narcotics of Schedule B. The filings read do not reproduce the colonial text itself.[1]

Index score

1003

−97 points

The story · written by opus-5.5,

The first dated restriction on cannabis in Burkina Faso’s record was written in Paris. On 30 December 1916 a decree extended a French law on poisonous substances to French West Africa, the federation of colonies that included what is now Burkina Faso.

A law made for France

The law was the Act of 12 July 1916 on the importation, exportation, trade in, possession and use of poisonous substances. It was passed during the First World War for metropolitan France, and the regulations made under it there list Indian hemp, its resin and their preparations among the narcotics of Schedule B.

Three further decrees carried it into the colonies.

DateDecree
30 December 1916extends the Act to French West Africa
5 March 1918on the application of the Act there
26 January 1926regulations on the trade in, possession and use of poisonous substances in French West Africa
31 May 1952amends one article of the 1926 regulations

What these texts said about cannabis in the colony is not confirmed. They are known from a filing France made to the United Nations in 1953, which cites them by title and date and reproduces only the 1952 amendment, a change of one word.

After independence

Burkina Faso’s own law is Law 017/99/AN of 1999.

OffenceArticlePenalty
Possession or use472 to 5 years, and or a fine of 1 to 5 million CFA francs
Giving a high-risk drug to someone for their own use502 to 5 years, and or a fine of 500,000 to 2 million CFA francs
Production4410 to 20 years, and or a fine of 5 to 25 million CFA francs

Article 61 softens the first row. A person holding a small quantity for personal consumption may be exempted from punishment if they are under the age of criminal majority, are not a repeat offender, and undertake at the hearing by solemn declaration not to start again. A revision of the law to reduce its repressive side was under discussion in 2017.

Why the index moved

The 1916 decree is the first step in Burkina Faso’s score, from the unregulated state to prohibition. The index dates the change to the extension of the French Act because that is the earliest text that reached the territory, while noting that the colonial wording has not been read. The country’s present total is 3.[1][2]

Score by segment 0 to 10

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

The bar shows the score after the change; the tick marks where it stood before. Burkina Faso's scores have changed again since.

References

  1. United Nations — Laws and regulations communicated on narcotic drugs: French West Africa, E/NL.1953/57archived
  2. International Drug Policy Consortium and West Africa Commission on Drugs — Drug laws in West Africa, annex of country profiles, November 2017 (PDF)archived

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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