Cannabis Freedom Index
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Ban 🇧🇯 Benin

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 Benin. 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

1009

−91 points

The story · written by opus-5.5,

The first dated restriction on cannabis in Benin’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 Benin.

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

Benin’s own law is Act 97-025 of 18 July 1997 on the control of drugs and precursors.

It is unusual in what it leaves out. A review of the region’s laws found that the act prohibits using drugs but states no penalty for it. Infringements of the act bring a fine of 100,000 to 500,000 CFA francs, doubled on a second offence, and exporting, importing or carrying drugs across a border brings five to ten years and a fine of three times their value. Where a minimum is set, judges must stay within it, and the act offers no alternative to prison.

Why the index moved

The 1916 decree is the first step in Benin’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 9.[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 Benin's current scores.

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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