Rise of Minors in Narcotics Trafficking: Analysis of French Law and Regulations
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Narcotics trafficking, minors, French Law, Public Health Code, unaccompanied minors, drug addiction, penal policies, law of December 31 1970, law of April 29 1996
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Abstract
the evolving landscape of narcotics trafficking among minors in France, as statistics reveal a concerning rise since 2016. French law, governed by the Public Health Code, strictly prohibits narcotics use and trafficking, with severe penalties for those involved, including parents who fail to prevent their minor children from engaging in such activities. Understand the legal framework, including laws enacted in 1970, 1996, and subsequent legislation, that aims to combat drug addiction and trafficking. Learn about the specific challenges posed by unaccompanied minors and the measures in place to address their involvement in narcotics trafficking. Explore the complexities of provocation to illicit narcotics use and trafficking, and the potential consequences for those who facilitate or condone such behavior
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[...] After all, trafficking may only be a plot theme. As a result, a priority question of constitutionality (QPC) has even been raised in this sense with regard to this article L. 3421-4 of the Public Health Code. In fact, on March applicants transmitted to the criminal chamber of the Court of Cassation the following question: 'Is article L. 3421-4 of the Public Health Code contrary to the freedom of expression and communication guaranteed by article 11 of the Declaration of the Rights of Man and of the Citizen of August and to the principles of necessity of incriminations and proportionality of penalties guaranteed by article 8 of the same declaration?'176. [...]
[...] Among these two interpretations, it may seem difficult to say with certainty which one is right, even if the second seems more in line with the usual positions of the High Court. However, this simple base marked by imprecision allows, according to the Court, to set aside any difficulty concerning the application of Article L. 3421-4 of the Public Health Code, since it refuses as a result to refer the QPC of which it is seized. The future will say if this conciliation between freedom of expression and protection of public order is destined to evolve again. [...]
[...] Now, these were young people without local ties in the city, having followed the trend towards delocalization mentioned above, making criminal acts against them less risky. Disillusion also occurs at the social, or even friendly level. In fact, "although young people express the socializing nature of trafficking (recognition by peers, place in the neighborhood and in society), they are, in the same way, sensitive to the fact that in this universe no one is irreplaceable"61. It is true that the entries and exits of the traffic are very common and that there is a strong turnover due to placements in detention, searches and house arrests62. [...]
[...] In fact, if the state allows cannabis with a 10 THC rate, dealers offer 20 THC. However, if some specialists feared a transfer of petty delinquency involved in cannabis trafficking to other spheres of crime such as burglaries, or the sale of hard drugs, in view of the first statistics this fear has not been verified213. Also, in some territories that have legalized, organized crime has been partially replaced by a rapidly expanding cannabis industry that aims to make profits by increasing sales without necessarily worrying about public health214. [...]
[...] In fact, minors normally not receiving income, it would necessarily be up to the parents to pay the fines, unless the minor commits infractions to recover money? It should be noted that for a certain category of minors, unaccompanied minors, the sanctions are already often more severe in practice. Thus, the study of their situation makes it possible to observe a priori the effectiveness of a tightening of penalties. Paragraph II - The case of unaccompanied minors An Unaccompanied Minor formerly known as Unaccompanied Foreign Minor is child under 18 years of age, of foreign nationality, arrived on French territory without being accompanied by one or both of the holders of parental authority or by a legal representative'96. The French Observatory for Drugs and Addictive Behaviours (OFDT) published a study on this population in October 2022. [...]
