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Updated Feb 2002
My Child's on Drugs. What are the legal risks?
- Does the law differentiate between soft and hard drugs?
In France, the law on use, manufacture, sale and possession of drugs
is that of 31 December 1970. The penalties are the same, whether it's
heroin, cocaine, cannabis or ecstasy. But the courts do take into
account the user's profile, the type of substance and the more or less
intensive and damaging effects of its use.
- What is the penalty if one is caught in the middle of smoking a joint?
It all depends on where one is caught, what one is caught in
possession of, if it's a first offence or in what kind of court one is
interrogated. Simple drug taking is punishable by a year in prison and
a 25,000 F fine. However, the law allows prosecution to be deferred if
the accused agrees to attend therapy. In addition, the Minister of
Justice (garde de Sceaux) has advised the procureurs to avoid
imprisonment and to give drug-users priority in health and social
guidance (circular of 16 June 1999).
- And if one sells drugs to a friend, does the law consider one a dealer?
Yes, and the penalties are even tougher! In effect, the sale of
drugs to a user is liable to 5 years in prison and a 500,000 F fine.
However, every instance is individually considered by the judges who
study the surrounding circumstances, the amount supplied, the desire
for personal gain... And the penalties are heavier for offences of the
importation or exportation of drugs.
Drug information service : 0800 23 13 13. 7 days a week, 24 hrs a day. Calls are free and anonymous.
See : www.drogues.gouv.fr
© Riviera Reporter
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