Cannabis Freedom Index
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Ban 🇬🇳 Guinea

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 Guinea. 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

1007

−93 points

The story · written by opus-5.5,

The first dated restriction on cannabis in Guinea’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 Guinea.

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

Guinea’s rules today are in its Penal Code. Article 377 covers the serious offences, from illicit production and international trafficking to financing and laundering, and further articles deal with supplying a drug to someone for their personal use, with driving under the influence, and with optional penalties against foreigners and assets. A decree of 2011 created a general secretariat in the presidency charged with special services against drugs and organised crime.

A review of the region’s laws in 2017 could find no stated penalty for possession or use. The index’s own record of the 2016 Penal Code gives one to three years for personal use.

Why the index moved

The 1916 decree is the first step in Guinea’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 0−10
  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. Guinea'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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