Contraventionalization of cannabis in France: what are the possible scenarios?
While the Fact-Finding Mission on the Application of a Fixed-Amount Fine Procedure to the Offense of Illegal Drug Use While the commission is currently drafting its report, which is scheduled to be released on December 6, the think tank Le Jour d’Après has taken up the issue and offers 3 scenarios Possible approaches to criminalization to «modernize drug policy in France»:
- Scenario 1: A flat-rate penalty for the offense, a fine of 320€, and the offense of use remains in effect
- Scenario 2: Partial reclassification as a misdemeanor, a fine of 320€, and retention of the criminal offense of use in the event of a repeat offense
- Scenario 3: Actual criminalization, with a €100 fine for any violation involving personal possession or use
Le Jour d’Après notes that Scenario 3 is the most ambitious and would offer greater benefits, namely greater clarity in criminal policy, increased efficiency for law enforcement, and greater cost savings than the other scenarios.
The think tank is also proposing a financial incentive to follow a pathway of information and care, specifically a reduced fine if the user who committed the violation follows a «information, prevention, care» pathway within 30 days.
The obstacles to the implementation of the contraventionnalisation du cannabis However, they remain the same regardless of the scenarios considered. In practice, imposing a fine for a drug-related offense may prove difficult and will not improve relations between law enforcement and drug users.
Furthermore, an excessively high fine could destabilize the precarious financial situation of some consumers—who are sometimes ill—without providing them with any assistance. The scenarios in *The Day After* regarding the criminalization of cannabis use do not, in fact, address the case of medical users, who sometimes have a medical prescription for cannabis but find themselves in violation of the law when they «receive» the medications in France.
There’s a good chance that the Fact-Finding Mission on Criminalization won’t follow any of the scenarios presented by *Le Jour d’Après* and will instead propose a very specific framework. See you on December 6 for an in-depth analysis of their proposal!
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