Sanctions related to drug
The sanction can include:
- a fine,
- an imprisonment,
- a test of parole,
- restitution (refunding) with the victims.
The near total of the countries prohibit the consumption of the narcotics, either directly like France, or through “detention for the use”. The sanctions are varied depending on the states, since the administrative fine until the imprisonment while passing by the conditional obligation of care. The Netherlands tolerate the consumption and the possession of minor amounts of cannabis for the major ones as well as the sale in certain regulated places (the number of the coffee-shops was considerably reduced these last years).
The specific choices to each country are related to their culture, their judicial apparatus, their legal capacity or of social sanitary control and, etc This is why, the selected options are not always transposable from one state to another.
The provocation with use or the drug trafficking, by publicity or the incentive or the presentation under one day favourable of the amazing classified products, (whatever the selected support: clothing, jewels, books, etc) is punished of 5 years of imprisonment and 75.000 euros fine, even if the incentive remained without effect (L3421-4 article of the public health code). The sanctions are worsened when the minors are aimed (7 years and 150.000 euros). One of the goals of this law is not to elude the debate on drug but to avoid the development of a “marketing” of promotion of the amazing products. The provocation with the traffic is sanctioned by sanction a 10 years of imprisonment and 300.000 euros fine.
The detention of a product astounding is punished of 10 years of imprisonment and 500.000 euros fine.
In practice, the courts take account of the held quantity and the circumstances of detention (to hold very a minor amount for the personal use is generally compared to the simple use).
The salesman or “dealer” who sell, or who offer an amazing product (even in minor amount and even on a purely free basis) to a person, for the personal consumption of this one, incur up to 5 years of imprisonment and 75.000 euros of fine.
The sanctions are doubled when narcotics are sold or given to minors or in the enclosure of the centres of teaching or education.
A user who sells or who “repairs”, to even provide for his own requirements in drug, can be sanctioned as dealer.
The law punishes like accomplice of the salesman, the “guettor”, “the pickup” or “the intermediary” (or any other form of complicity) even if it does not profit from any consideration money or in kind.
The traffic of narcotic of a greater scale is liable to very heavy sanctions.
Thus, the production, manufacture, the importation, transport, the sale, etc, of amazing products, expose to sanctions being able to go up to 10,20 or 30 years of prison according to the case and to 7.500.000 euros of fine (and more still: life imprisonment in the case, for example, where the facts are made in organized band).
The bleaching of the money of the traffic of narcotic in capital of legal appearance, makes with full knowledge of the facts is punished of 10 years of imprisonment and 7 50.000 euros fine.
That which grows rich illegally thanks to the traffic and cannot justify resources corresponding to its way of life (cars, voyages, exits, etc) and which, without adulterating itself, is in usual relation with a trafficker or users of amazing products, risks a maximum sentence of 5 years of imprisonment and 750.000 euros fine, except justifying legality of its resources (article 222-39-1 aiming at the “procuring of drug”).
The law punishes also the professionals who facilitate or tolerate a use or a drug trafficking. For example: the doctors or the pharmacists who prescribe or deliver these products without complying with the legal rules (those which obtain narcotics with false ordinances are also punishable); persons in charge of bar or discotheques which let commit offences with the legislation on the narcotics (traffic or consumption) in their establishments.
All these sanctions can be accompanied with movable or real confiscation, of the prohibition of stay, the prohibition of the territory for the foreigners as well as other administrative prohibitions (to manage a bar, to hold a weapon, etc).
For the use of narcotics, the police custody is 24 hours long and can also be prolonged another 24 hours with the authorization of the public prosecutor. For the traffic, the police custody can last 4 days on authorization of the magistrates. In both cases, the medical examination is obligatory as well as the intervention of a lawyer.
In France, as in the majority of the countries, the sale and the consumption of alcohol and tobacco (of which the mechanisms on the organization can be related with drugs) prohibited but are not regulated (in particular alcohol at the wheel, tobacco in the public places, prohibition of delivery to the minors, etc).
Being products become cultural in our company, a pure and simple prohibition would be inoperative (failure of prohibition in the United States) whereas such a prohibition contributes not to guarantee and standardize the use of amazing products.
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