Title II: Criminal provisions and accompanying measures

Illegal use of any substance or plant classified as a narcotic is punishable by one year’s imprisonment and a fine of €3,750. If the offence is committed in the course of or in connection with the performance of his or her duties by a person acting on behalf of the public authority or entrusted with a public service mission, or by the staff of a road, rail, sea or air…

In the case provided for in article L. 3421-1, the courts shall order the confiscation of the substances or plants seized. However, such confiscation may not be ordered where the offence has been committed in a pharmaceutical dispensary if the offender is only the manager responsible, unless the owner of the dispensary has acted as an accomplice or the possession of these substances or plants is unlawful.

The provisions of article 706-33 of the French Code of Criminal Procedure and the first paragraph of article 222-49 of the French Criminal Code are applicable in the event of prosecution for the offence provided for in article L. 3421-1.

Provocation to commit the offence provided for in article L. 3421-1 or one of the offences provided for in articles 222-34 to 222-39 of the French Criminal Code, even if this provocation has not been followed by action, or the fact of presenting these offences in a favourable light, is punishable by five years’ imprisonment and a fine of 75,000 euros. The same penalties shall apply to incitement, even if…

At the request of the public prosecutor, officers of the judicial police and, on their orders or under their responsibility, the officers of the judicial police and deputy officers of the judicial police mentioned in article 20 and 1° ofarticle 21 of the code of criminal procedure are empowered, for the purposes of investigating and establishing the offence provided for in the second paragraph of article L. 3421-1 of this…

Refusal to undergo the checks provided for in article L. 3421-5 is punishable by two years’ imprisonment and a fine of €30,000.

Natural persons guilty of the offences provided for in the second paragraph of article L. 3421-1 and in article L. 3421-6 are also liable to the following additional penalties: 1° Suspension for a maximum of three years of the driving licence or driving permit for French motorised pleasure boats at sea and on inland waters; this suspension may not be limited to driving outside the scope of professional activity; it…