Fixed penalty notices in France

While many countries are decriminalizing and tolerant of cannabis use, France has taken a different approach. The introduction of a fixed fine has generated considerable debate. This article will present the proposed fine and share feedback from some citizens.

The origins of this fixed penalty notice

Indeed, it's clear that this fine didn't appear overnight. In fact, as Newsweed indicates, it all started in 2017. For clarity, we prefer to cite this source.

It all started in 2017 with two lines hidden within the 82 pages of the draft law on the programming of justice 2018 – 2022, unveiled in March by the Minister of Justice, Nicole Belloubet.

Page 41 of this report proposed that Article L. 3421-1, which punishes the illicit use of narcotics, be supplemented by the following paragraph:

"For the offense described in the first paragraph, including in cases of repeat offenses, prosecution may be terminated, under the conditions set forth in Articles 495-17 et seq. of the Code of Criminal Procedure, by payment of a fixed fine of €300. The reduced fixed fine is €250 and the increased fixed fine is €600."

So that's where this fixed penalty notice !

Following the above, it might be worth asking: if this issue has been on the table since 2017, who would have contributed to its adoption? The tweet below speaks volumes on this subject!

There are battles we're happy to fight and win! Tonight in the National Assembly's Law Committee, we adopted my amendment reducing the fixed penalty fine for drug use from 300 to 200 euros, with the support of Mr. N.B. Belloubet. #fixedpenaltyfine #drugs

Eric POULLIAT (@EPoulliat) November 8, 2018

Fixed penalty notice: what you need to know!

We have some idea about the origins of this fixed penalty fine. So now, it's important to understand what it consists of. Or rather, what it entails. In this regard, these excerpts from LCI and France Inter provide further insight.

• LCI

This procedure, a fixed fine of €200 for a minor offense, created by a 2018 law, applies to all drugs but primarily targets cannabis users. It is already in effect in several French cities, such as Reims and Rennes. If paid within fifteen days, the fine is reduced to €150. After 45 days, the offender will have to pay an increased fine of €450. This expedited procedure aims, in particular, to alleviate the burden on the courts.

• France Inter

The fine, if paid within fifteen days, is reduced to €150. After 45 days, the offender will have to pay an increased fine of €450. However, this does not apply to minors and is limited to possession of 100g of cannabis and 10g of cocaine.

In short, any adult who possesses and/or consumes 100g of cannabis or 10g of cocaine will now be required to pay this amount. The fine will be reduced or increased depending on whether it is paid early or late. It should be noted that minors are not affected. That said, how will this be implemented?

Implementation of the fixed penalty notice

In fact, like any other regulation, the implementation of thefixed penalty fine is gradual. Indeed, in certain regions of France, it is being "tested." Many believe that the authorities are conducting a kind of experiment. As the days go by, the process will unfold. Therefore, this fixed penalty fine will become more widespread from one city to another.

However, although this implementation is not yet complete, many citizens are already making their voices heard. Let's look at this in the next section.

What others think about this fine!

Indeed, a quick glance at news sites and social media is enough to confirm this observation. What is it? Very few people view this measure favorably. In fact, this fine is generating criticism from all quarters. Since it's impossible to list all these opinions, we suggest you review the main concerns raised, particularly those that prompt reflection.

1. “It’s sad to say, but French policy is out of step with the times and very retrograde” (France Inter). This is in comparison to other European countries (such as Spain) where cannabis laws are more permissive.
2. “[…] the State, by not changing the legislation, maintains a prohibition that exists only in the law. Because in reality, we can clearly see how massive consumption is today.” (FARID’s response, via France Inter).
3. “We are completely targeting the wrong people. If the goal was truly to protect young people, we should have considered regulating the market now for adults who consume responsibly and who should have access to these products without having to risk the wrath of the justice system or the police.” (FARID via France Inter).
4. “Prohibition doesn’t work. Fines won’t work either. False solution to a real problem that requires a paradigm shift and more tolerance towards citizens’ choices (if they prefer cannabis to alcohol or antidepressants, what’s the problem?)” (Comment from a user on Twitter).

The list of these opinions is very long. But the observation remains the same from one reaction to another.

Fixed penalty notice in pictures

• BFMTV is talking about it…

• TV5MONDE is also talking about it…

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References

• https://www.newsweed.fr/amende-cannabis-france/
• https://www.franceinter.fr/societe/cannabis-avec-l-amende-forfaitaire-l-etat-maintient-un-interdit-qui-n-existe-que-dans-la-loi
• https://www.leparisien.fr/faits-divers/stupefiants-cinq-questions-sur-la-generalisation-de-l-amende-forfaitaire-26-07-2020-8359065.php
• https://www.lci.fr/population/drogue-l-amende-forfaitaire-de-200-euros-pour-detention-de-cannabis-stupefiants-entre-en-vigueur-mardi-1-septembre-2020-2160156.html