How to contest a cannabis fine in France: complete guide

You've just received a fine for cannabis use or possession and you're wondering if you can contest it? The answer is yes, but the procedure is technical, the time limits are short, and the consequences of a wrong decision can be worse than the fine itself. Here's everything you need to know before taking action.

What is a fixed fine for cannabis?

Since 2020, law enforcement agencies have been able to punish the illicit use of narcotics, including cannabis, via a simplified procedure: the’fine forfaitaire délictuelle (AFD). This measure, which stems from the Justice Programming Act of March 23, 2019, enables a police officer or gendarme to issue a fine on the spot, without having to go to court.

In practical terms, if you are caught using or in possession of a small quantity of cannabis (in practice, less than 50 grams according to the Ministry of Justice's internal instructions), you could be fined 200 €, which can go down to 150 € if you pay within 15 days, or go up to 450 € beyond 45 days.

⚠️ A crucial point to understand Unlike a parking fine, the AFD is a fine for criminal sanction. Payment of the fine constitutes recognition of guilt and is entered in the criminal record, specifically in bulletin n°1 (B1), the bulletin accessible only to the judicial authorities, and not in B2 or B3. This is an important detail, depending on your professional situation.

AFD only applies to adults and only in cases of simple use. Among the grounds for exclusion: if the person is clearly in need of health or social guidance, if he or she is already known to the services for drug-related offences, or if he or she cannot prove his or her identity.

Is it really worth contesting? The most important choice

Before we talk procedure, let's ask the real question: dispute or pay?

It's a calculation that depends on your situation. Paying has obvious advantages: the procedure is closed, there's no need to appear in court, and the amount is limited. But paying also means acknowledging the facts and accepting an entry on your criminal record.

Contestation, on the other hand, is full of pitfalls. If you are convicted after contesting the fine, the amount of the fine cannot be less than the amount of the initial fixed fine. In other words, if the criminal court finds you guilty following your appeal, you'll pay no less than €200 (or €450 if you contested the increased fine), and you'll also have to appear before a judge, potentially face an additional penalty, and pay lawyer's fees.

Contesting can make sense in the following situations:

• You strongly contest the facts (misidentification, error of substance, procedural error)
• Your professional situation makes registration particularly problematic (law enforcement, regulated profession, security clearance, etc.).
• There are obvious irregularities in the minutes

Deadlines: don't miss the window

This is the most critical point. It is imperative that the request for exoneration be sent within the time limit: 45 days for the initial fixed fine, 30 days for the increased fixed fine.

These deadlines run from date notice sent by post or hand-delivered on site.

How to lodge a complaint: the step-by-step procedure

Step 1: Don't pay

Paying the fine puts an end to any possibility of contesting it. As long as you haven't paid the fine, the door remains open.

Step 2: Choose your dispute method

You have two options:

• On line on the ANTAI website (antai.gouv.fr), using the online exemption request form. This is the simplest method.
• By post The request must be sent by registered letter with acknowledgement of receipt, using the form attached to the fixed fine notice. A request without an official form or sent by ordinary mail will be inadmissible.

If you wish to contest the fine on «other grounds» (i.e. contest the facts themselves), you must deposit the amount of the fine, i.e. €200 for drug use. This deposit is not a payment, and will be returned to you if you are acquitted.

Step 3: Write a reasoned protest

An objection without a reason is automatically inadmissible. You must explain precisely why you are contesting. The strongest arguments are :

• Formal defects the fine was not handed over on the spot at the time of the incident, the official report contains errors of identity, the procedure was not correctly followed
• Contesting the facts you were not in possession of cannabis, the substance seized was not cannabis, you have a medical prescription
• Inapplicability of the procedure several offences recorded simultaneously, circumstances excluding SFM

Step 4: The Public Prosecutor's response

In the light of your request, the public prosecutor may either waive prosecution, proceed with conventional prosecution, or notify the interested party that the unjustified or unsubstantiated objection is inadmissible, using the form attached to the fine notice.

If your challenge is declared inadmissible by the public prosecutor, you can contest this decision before the president of the criminal court.

What about criminal records?

This is often the real concern. Fines are recorded in the criminal record, but only in bulletin n°1, not in bulletin n°2 or bulletin n°3. In concrete terms :

• B1 accessible only to judicial authorities (to assess recidivism, in particular)
• B2 : requested by employers for certain positions - you are not listed
• B3 the locker you can ask for yourself - you are not listed

The registration is automatically deleted after 3 years, with no further convictions. A request for early deletion may also be made to the public prosecutor, subject to certain conditions.

Special case: the CBD fine

If you've been convicted of possession of CBD purchased legally in France, the situation is different. CBD (cannabidiol) is not legally a narcotic as long as the THC content of the product containing it remains below the legal threshold (0.3 % in France). The problem lies in the field tests used by law enforcement agencies, which do not distinguish between CBD and THC.

In this case, your dispute is based on the real nature of the substance For example, you'll need to produce a laboratory analysis, the purchase invoice, the product analysis certificate issued by the seller, and ideally a certificate from the manufacturer. This is a solid ground for contestation, which has led to the dismissal of several cases.

Do I need a lawyer?

A lawyer is not mandatory for this procedure. But if your case involves high professional stakes, if the procedure seems irregular, or if you are summoned to appear before the criminal court after your challenge has been rejected, a lawyer specialized in criminal law can make a real difference.

Please note: legal aid is not granted for the AFD contestation phase. It can only be requested if your challenge is rejected and you are summoned to appear before the criminal court.

Summary: key points to remember

This article is for information purposes only and does not constitute legal advice. For all personal situations, consult a lawyer specialized in criminal law.