Tunisian rappers have turned cannabis consumption into a public opinion issue that has led the government to consider lessening prison sentences for drug users.  Tunisian prisons have become overcrowded with cannabis users.

Minister of Justice Mohamed Salah Ben Aïssa has recently announced that the current government, under Habib Essid, has embarked on drafting a new law on drug abuse, suggesting a possible replacement for a jail sentence.

Tunisian rappers have turned cannabis consumption into a public opinion issue that has led the government to consider lessening prison sentences for drug users.  Tunisian prisons have become overcrowded with cannabis users.

Minister of Justice Mohamed Salah Ben Aïssa has recently announced that the current government, under Habib Essid, has embarked on drafting a new law on drug abuse, suggesting a possible replacement for a jail sentence.

The alternative punishment, says Ben Aïssa, aims to avoid freedom-depriving punishments of drug consumers, mostly young people, who, according to the Ministry of Justice – MoJ – Directorate General for Prisons and Rehabilitation, constitute the majority of prisoners.

Ben Aïssa argues that the new draft law aims primarily to protect Tunisian youth from the scourge of drugs, work out proper mechanisms to help them fight addiction and provide them with needed rehabilitation. “Imprisonment is not the most effective solution to address drugs,” he says.

Ben Aïssa claims that the draft law, which is currently being written by an MoJ technical committee (and later subject to confirmation by the cabinet then the Parliament), will provide judges with more flexibility to consider mitigating circumstances towards an alternative punishment.

Drafters have not reached any consensus about the alternative punishment, which might include community service, such as cleaning the streets, planting trees, etc.

Drug law

Drafted in 1992, Law No. 52 provides for punishing drug users with imprisonment of 1-5 years and a fine of US$ 500-1,500.

It could be argued that Tunisian rappers have been prime advocates of the abolishment of criminalizing drug consumption. Many of them have composed songs exalting drug consumption, and some have called for lifting restrictions imposed on Tunisian youth, while others have gone as far as insulting police officers.

Tunisian rapper Weld El 15 whose name is a type of narcotic tablet, insulted security men two years ago, expressing indignation against crackdowns on Tunisian youth who turn to drugs as a shelter.

In 2012, Weld El15 was imprisoned on drug consumption charges, causing an outrage amongst rappers who campaigned for the abolition of the criminalization of drug users and severely criticized the former troika government for failure to abolish the prison penalty.

“Law No. 52 has destroyed the future of many young Tunisians because once they are released from prison they became perverted and hostile to society and the ruling power,” says El General, another rapper who is known for his criticism of the former regime of President Zine El Abidine Ben Ali. “In fact, this law is unjust because it does not provide an opportunity for young people to fix their mistakes and punishes them for mistakes anyone could commit in life.”

He suggests significant risks inside prisons, which are likely to destroy the future of these young people.

Well-known rapper Emino, who had been jailed for eight months on drug abuse charges at the same time Weld El 15 was imprisoned, recently joined the militants in Syria, recognizing the so-called the Islamic State, which has shocked public opinion.

Tunisian observers have already warned against possible attraction of Tunisian prisoners by other jailed convicts charged with terrorism-related cases given that the present overcrowding inside prisons sometimes leads to mixing non-violent prisoners with convicted terrorists.