The Ministry of the Interior takes stock of its cannabis fine

Last March, the ministerial statistical service for internal security (SSMSI) published an evaluation of the lump-sum fines (AFD) relating to narcotics, which since 2020 has made it possible to immediately punish the simple use - possession or consumption on the public highway - of cannabis (97% of the AFD), cocaine or ecstasy with a fine and a criminal record.

The report, which had previously escaped our attention, begins with a reminder of the eligibility requirements for an AFD stups :

• be of age
• not be in possession of more than 50 grams of cannabis, 5 grams of cocaine, 5 tablets of MDMA or 5 grams of ecstasy, weighing being optional and left to the discretion of the security forces
• not being sick
• have no comprehension difficulties
• not be a repeat offender
• not to have caused several simultaneous offences
• not be in possession of more than one type of drug
• not contesting the offence

In all the above cases, offenders would be entitled to a standard procedure (and no automatic criminal record).

Report conclusions

Thanks to the report, we now know a little more than we did before. previous figures released on the conditions for issuing fines.

The majority (56%) of those caught for simple drug use offences received an AFD, with the remainder being dealt with under conventional procedures. ADF recipients are almost exclusively men (94%) of French nationality (9 out of 10) aged between 18 and 30 (80%).

The departments with the highest AFD rates are Bouches-du-Rhône, where the maximum departmental rate is reached, Seine-Saint-Denis and Rhône. Furthermore, between offences recorded before (reference period: 2016 - 2019) and after AFD (reference period: since 2021), two départements have seen growth of over 100%: Oise (+135 %) and Bouches-du-Rhône (+232 %).

The most delicate point in the report, however, is that «the rate of change in the number of people charged for use alone is negatively correlated with the rate of change in the proportion of minors». As the AFD is reserved for adults, minors have been left out of the system, despite the fact that «public health issues concerning this population are unanimously recognized», says the report.

This is the conclusion of the document: minors, who should be «the priority subject in the current fight against drugs», are left out of the plan in favor of «a sharp increase in repression of use alone».

Yann Bisiou, lecturer in private law and criminal sciences and a specialist in drug law, takes a hard line on the report and its provisions.

«AFD has eliminated the issue of minors. There's no more prevention and no more understanding of the subject. Of course, no one wants to give minors parking tickets, that's not the idea, but there's no longer any response.»

He goes on to talk about the content of the report itself.

«There are also strong methodological biases, which have no bearing on the findings of the miners. These pseudo-scientific studies serve to legitimize public policy. However, these documents are very fragile from a scientific and methodological point of view, and they become gospel.

By way of example, the reference period 2016 - 2019, which is used to compare AFD's performance before and after its implementation, is known to be low in «stupid results», after two years of strong repression, and thus makes it possible to highlight better results for 2021.

The last «omission» in the report, which could prejudge the effectiveness of the system, is the figure for the recovery of cannabis fines, which is strangely lacking, even though it has been presented to the Council of Ministers : 34%.

A coup by the English?