In 2005, concerning the administrative sanctions for drug use, the Commissions for the Dissuasion of Drug Use instated 17% more processes than in 2004 most of which were, again, referred by the Public Security Police (PSP). On the 31st March 2005, 26% had been suspended, 25% were pending and 49% had been filed. These cases are mainly related to hashish use but reference to polydrugs increased in comparison to 2004.

From the 3 192 rulings made, 83% suspended the process temporarily, 2% found the presumed offender innocent and 15% were punitive rulings (this percentage continues to rise in comparison previous years).

In 2005, criminal offences against the Drug Law increased by 8%, especially due to an increase in the number of presumed trafficker-users in comparison to 2004.

Amongst the presumed offenders who possessed only one drug, for the fifth time since 2001, hashish (42%) was reported more often than heroin (9%), which until 2000 had always been the substance more often reported to be held by presumed offenders at the time of their arrest. The percentage of cases related to cocaine remained stable in comparison to 2004.

 Presumed offenders by substance involved (IDT 2006)

Court data indicates that, in the past years, decreases were reported in terms of the number of convictions for traffic and for traffic-use. The majority of these individuals possessed only one drug, mainly hashish, for the second time, and not heroin, as in previous years. In comparison to 2003 and 2004 the number of individuals who possessed only cocaine continues to increase. Of the convicted individuals, 95% were convicted for traffic, 1% for use (cultivation) and 4% for traffic-use, just as in 2003 and 2004.

 

The percentage of individuals in prison for Drug Law offences, in 2005, continues to decrease to reach again the lowest value since 1997 (28% of all individuals in prison). Individuals were mainly imprisoned for traffic offences (90%).

 

Responses in the criminal justice system continue to be developed to ensure treatment availability to drug users in prison, specific training for prison staff and the prevention of infectious diseases. Harm reduction measeures to help prevent the spread of infectious diseases are one of the main issues currentely in public and expert discussion.