What is the risk of drug use?

Verified 28 November 2024 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

You can be punished with a flat-rate fine or a sentence imposed by the court. The use of narcotics is indeed a infringement treated differently depending on the circumstances: type of drugs, quantity, criminal record of the perpetrator, etc.

The lump sum fine is a criminal sanction that is imposed outside of a trial. The decision is made by a policeman, a gendarme or an authorized public official who ascertains this offense (customs officer...). For example, if you are being monitored for eating narcotics or in possession of small quantities, you can receive a lump sum fine.

However, if when checking, you have a large quantity of drugs or a type of drug classified as hard (heroin, crack...) or if you have a criminal record, you can be sued in front of the correctional court .

Flat-Rate Fine

This penalty consists of paying a sum of money to Public Treasury.

This flat-rate fine procedure is possible if the infringement is found to have occurred by electronic minutes (CWeCWe : Electronic minutes).

FYI  

If the infringement is not established by CWeCWe : Electronic minutes, the procedure shall take place directly in court. This is also the case if you have a large quantity of drugs or if the type of drug is assimilated to hard drugs (heroin, crack...).

The amount of the flat-rate fine is €200.

The amount of the flat-rate fine reduced is €150 if it is paid within 15 days.

The amount of the flat-rate fine shall be increased to €450 if not paid within 45 days.

Warning  

For legal persons (companies, associations...), the amount of the flat-rate fines (reduced or increased) is multiplied by 5.

FYI  

Refusal to submit to medical, clinical or biological tests or examinations to determine the nature of the narcotics shall be punishable by 2 years of imprisonment and €30,000 of fine.

The Public Treasury cover the flat-rate fine. It's the public prosecutor who decides on recovery with a enforceable title.

In case of difficulty in paying the fine plus €450, if you acknowledge the facts, you may request time limits or a gracious delivery. You must send a reasoned request to the Treasury to the address indicated on your notice of violation or enforceable title.

If the Treasury accepts your request, you can obtain payment deadlines or a total or partial discount (up to 20% maximum).

Warning  

In the absence of payment of the fine, the case is subject to judicial treatment which may lead to a trial before the criminal court.

You can challenge the lump sum fine.

The disagreement must be made within 45 days after the infringement has been established or the notice of infringement has been sent.

In the absence of payment and dispute, you are summoned before the correctional court to be judged.

You can be relaxed or doomed by the court.

In the event of conviction, the initial fine shall be increased of 10%.

FYI  

Exceptionally, the court may dispense with sentence or impose a fine of less than the flat-rate fine plus €450.

Payment of that fine terminates all legal proceedings.

It's worth acknowledging guilt.

The offense is entered in the criminal record and may be taken into account in the case of recurrence.

Proceedings before the court

Drug use is an offense punishable by a maximum penalty of 1 year imprisonment and €3,750 of fine.

In making its decision, the judge considers the seized substance (cannabis, heroin or other drugs) and the context of the offense. Your personal, financial and professional situation is also taken into consideration.

Drug use includes both public use that private use.

Committing this offense in the performance of your duties (depositary of the public authority, entrusted with a public service or personal mission of a transport company...) is a aggravating circumstance. Then you risk 5 years imprisonment and €75,000of fine.

Of additional penalties may be pronounced, for example:

  • Detoxification course
  • Confiscation of seized substances or plants
  • Confiscation of facilities, equipment...
  • Awareness training on the dangers of using drugs (at the expense of the convicted person)
  • Community service (between 20 and 400 hours)
  • Fine days
  • Prohibition of exercising a profession connected with the transport of goods or persons
  • Prohibition of driving certain land motor vehicles (with or without a license required).

Warning  

Depending on the seriousness of the offense committed and your criminal history, a customs fine can be requested.

The public prosecutor may also choose the implementation of alternative measures to prosecution.

They may order a treatment order (such as medical care or supervision) or put in place a penal composition. An additional sentence may force you to follow, at your expense, a course to raise awareness of the dangers of using drugs, even if you are minor.

The lawyer is not obligatory for this procedure.

If you want to be assisted by a lawyer but your resources do not allow you to pay him, you can apply for thelegal aid.

Who can help me?

Find who can answer your questions in your region

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