Drugs: sanctions, risks and convictions
The State took restrictive measures against the drug possession, manufacture, the distribution, and the abuse substances, such as opiates, the illegal marijuana, and other drugs, and the laws against the drug misuse of regulation.
The French regulation, in accordance with the international standards, emitted by the World Health Organization and UNO classified the hazardous substances in the public health code in 4 categories:
- amazing substances (heroin, cocaine, ecstasy, cannabis, etc)
them psychotropic substances (antidepressants, tranquillizing, hypnotic, etc)
- some other drugs
them dangerous substances (ether, acid, etc).
The production, the distribution and the use of these substances either are severely regulated, or for some like the completely prohibited narcotics, except for the medical use.
Alcohol and the tobacco do not use this classification: they are subjected to a particular regulation in particular relating to distribution (sale with the minors, etc), publicity, the places of consumption and driving of a car.
The law is a code of conduct in company, voted by the representatives of the people and which assert themselves on all.
Protecting the individual and the company, it is located at the crossroads of the general interest and individual freedom. It delimits our rights but also our duties. It can thus even prohibit sanctioning certain acts dangerous or prejudicial with oneself or the community.
Applying these principles, the law to the narcotics, in agreement with the international conventions ratified by France, takes into account the objectives of public health and rests on three main roads: prohibition of the use; alternative of care to the sanction of the use; repression of the traffic and the profits on all the levels.
Proposals are currently in hand to amend the law of December 31st, 1970.
The use of amazing products is prohibited by the article L 3421-1 of the public health code which envisages one year maximum sentences of imprisonment and 3.750 euros of fine.
As for all the penal sanctions, they are maximum sentences and, in practice, the magistrates preserve a great margin of appreciation. The imprisonment remains very exceptional.
In the event of interpellation, the consumer can avoid the penal sanction by accepting a medical assistance, psychological and social.
Justice has broad possibilities of alternatives to the continuations or the sanction: classification with warning, classification with orientation towards the health sector and social (doctors, psychologists, social workers, associations, etc), therapeutic injunction (obligation to look after itself).
The public prosecutor can apply, with the agreement of the challenged person, the procedure of “penal composition” which avoids the judgment: work of general interest, payment of a fine, handing-over of the driving license, etc
In addition, any consumer can, by itself, to ask for a medical help (maintenance, consultation, hospitalization, etc) which will be anonymous and free.
To fight against AIDS, hepatitis and other diseases, programmes of exchanges of syringes, substitution therapies (Subutex, Methadone) and reception facilities were installation.
Most serious businesses of drug, i.e., those which receive the greatest sorrows are the manufacture and the sale of drugs;
although, the final sorrow for a business of drug depends on the quantity of drugs, its classification, and the goal for its possession.
To find a lawyer or a lawyer specialized to help you with your business of drug and to learn more about the laws on drug. Information on this subject is provided to you by Findfrenchlawyers.com.
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