Marijuana Legalization: A Tale of Two Cities – New York vs. France

The pungent smell of marijuana has become a signature scent in New York City, contrasting sharply with France. It’s around, but not to the same degree. Driving through four boroughs yesterday, the strong odor of pot was omnipresent, raising concerns about its impact on city life. I drove through 4 boroughs yesterday and smelled pot strongly on every highway, which simply can’t be a good idea.

In New York, marijuana was legalized in 2021, and THC products are now a common sight in many delis and convenience stores. These items, often packaged attractively for children, have become a growing concern for teachers, with reports of students attending classes high. Despite marijuana being federally illegal in the U.S., state laws vary, creating a patchwork of regulations.

France maintains an official federal ban on THC products, with CBD being the only exception. Although enforcement is generally lax, the illegal market thrives quietly, and marijuana is rarely smelled in public. Unlike New York, France's approach to marijuana remains cautious and regulated, with significant penalties for violations, if they’re enforced.

I’m not sure if NYC police are even making arrests over it anymore. Probably, but still in line with typical over-policing of specific communities. You’ll see some variety of THC product for sale in many delis and convenience stores in the Bronx, for example, taking up the counter space once occupied by fidget spinners and other trinkets. These are often at a good height for children, packaged in ways that are attractive to kids with bright colors and cartoons. It’s a problem in schools and many of my friends who are teachers have mentioned the increasing problem of students coming to class high.

Legalization is a mixed affair here in the US, while the drug remains federally illegal, but state by state, it may or may not be. In France, almost all decisions like this are made on a federal level and marijuana remains illegal. It is forbidden to produce, import or sell any product with THC, though CBD products are all over the place, and the law is being tested in many places, including Paris.

Of course, there is a booming illegal market and I’ve known a few farmers who grow their own on some patch of their property. Enforcement seems light, but still, you rarely smell it, even at large outdoor events. In New York, it’s become the defining scent.

Five boroughs, one smell

I was on the 7^th floor balcony of a friend’s Brooklyn apartment and every breeze brought a new waft of pot smoke, a smell more prevalent than any combination of spring flowers, garbage trucks or restaurants in the area.

New York’s law has is pretty open and, like many things in New York, people will push the limits of legality as they can. A lack of enforcement and unclear regulations have allowed all kinds of THC products to be produced and sold in many different locations. It’s a booming business. Storefronts have appeared all over and seem to be in almost any strip mall, adding a new element to the standard pizza shop, bagel place, deli and laundromat combinations that have existed for decades.

A legal marijuana store opened in Yonkers last month to a bit of local fanfare and they are now all over New York State. Yet it’s still undecided on a federal level and it seems like it will be a confused issue in the states for some time. For example, if you fly on a plane with marijuana you bought legally in one state, you could be breaking a federal law and prisons here are still – a 2018 estimate placed 32,000 people in prisons for marijuana offenses, though the numbers are likely higher if the crime was classified under something else. Many people are serving extended sentences in the US: the average sentence for drug trafficking was 82 months but varied by drug type.

However, 97.2% were sentenced to prison. This is also really uneven as California tends not to prosecute and sentences are typically less than a year, but other states have longer sentences, all of them varying.

France: weed is popular with light enforcement of the laws

By comparison, the maximum sentence for marijuana in France is about 1 year and a fine of €250-300. Definitely not worth it, but less severe, but that is (mostly) the same anywhere in the country, regardless of region. However, there have been several stores that have opened in France in recent years and they’ve been quite popular. However, all of them list quite specifically that they are selling marijuana not to smoke, but merely to sell “for those who enjoy the taste and aroma.” While they are quite specific, customers can do what they like with it as enforcement is generally lax.

France smokes more marijuana than any other country in Europe and they may be moving toward legalization, but meanwhile, French people are working around the law.

As the owner of a popular store in Paris said, “I wouldn’t advise anyone to smoke cannabis. We sell it like any other item, just like a furniture shop sells tables or chairs.”