Cannabis fine: an appeal lodged with the Conseil d'Etat

Another setback for cannabis fines. Following on from our revelations about the contraventionnalisation, which will keep a record of cannabis users for 10 years, a group of associations has decided to lodge an appeal with the Conseil d'Etat.

The appeal, lodged in mid-June, simply opposes the order of April 14, 2020 «modifying the decree of October 13, 2004 creating the automated control system», which extended the automated control file to all fixed fine procedures, both contraventional and delictual, originally intended to punish road traffic offences. Initiated by L630, A civil society organization mobilized for drug policy reform, it is supported by the Ligue des Droits de l'Homme, Asud, Fédération Addiction, Médecins du Monde, NORML France, Syndicat de Avocats de France and Syndicat de la Magistrature.

Proportionality and stigmatization

Contraventions related to the extension of the fixed-rate fine voted in 2018 were not originally archived, a new file has been created to solve the problem: the CA file, which will keep the data for 10 years.

In addition to the proportionality of the file in relation to the offence, this archiving period raises a number of issues for the group of associations, including discrimination and the stigmatization of people caught committing offences. Data protection would not be equivalent to that of the criminal record or the TAJ, and insurers, rental companies and other players could have access to this data.

People could also be refused a car rental or simply be stopped because their license plate corresponds to a past offence.

The automatic ticketing process also runs the risk of a de facto conviction. The ticket can thus be contested a posteriori, but the data is not deleted from the file.

For the association, which had already voiced its opposition to the Poulliat fine, «the current penal framework is not up to the challenges posed by drug use. We need to change it and advocate a new public policy aimed at genuine regulation of drug use, and more prevention and harm reduction.»

Robin Reda, co-rapporteur of the information mission on contraventionnalisation and current president of the MI Cannabis, also criticized the introduction of the fine.

Today marks the start of the'1TP5Fine for consumption of #cannabis. I'm afraid it's not up to the challenge, as our law enforcement agencies are still under the authority of a justice system that doesn't deter traffickers. https://t.co/q7f7WHEuh0

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- Robin Reda (@robinreda) June 16, 2020