Marijuana in France: what is allowed and what is changing (FAQ)

The French regulation punishes the act of use, not the amount, so the question of a threshold has no answer there. We check flat-rate fines and the status of the medical program.

France punishes the act of use, not possession of a specific amount, and this one sentence explains the rest. There is no gram threshold because the subject of the act is behavior, not weighed material.

The second thing worth noting concerns practice. The case usually ends with a flat-rate fine, the payment of which extinguishes prosecution, so the real reaction is much milder than the ranges in the code.

What is punishable the act of use, not the amount
Threshold amount does not exist
Penalty from the code one year of imprisonment and 3,750 euros
Flat-rate fine 500 euros at the basic rate
Payment within a shortened deadline 400 euros
Late payment 1,000 euros
Medical program transitions from experiment to permanent framework

Legal status checked in September 2026 in the text of the public health code and in communications about implementing acts. This is a description of regulations, not legal advice.

Is possession of marijuana in France punishable?

In France, the crime is the act of use, not possession of a specific amount, and this is the essence of the local structure. The public health code punishes illegal use of substances or plants classified as narcotics, without reference to weight. The provision speaks of behavior, not the object of the act.

The structure is different from most of Europe and it is worth naming it precisely. There is no gram threshold because the subject of the act is behavior, not the weighed amount of material found on a person.

The effect is twofold and easy to overlook. Responsibility can arise even when nothing is found on a person, as long as the fact of use is established, for example through testing.

The distinction between personal use and trafficking is made through the qualification of the act, not by weight. That is why French compilations do not provide a number: the provision on which they are based does not include it.

France thus falls into the same group as Spain, though for a different reason. How this boundary looks elsewhere is shown by our map of marijuana legality.

How much marijuana is allowed in France?

France does not establish any threshold amount for personal use and this is not a gap in the development. The question of how much is allowed has no numerical answer here, as the provision penalizes use regardless of the amount. The qualification is determined by the prosecutor, not the weight of the material.

There is also no reference to an implementing act with a table of values. The entire structure is based on a description of behavior, so there is no document in which a number would stand.

The distinction between personal use and trafficking is made through the qualification of the act. It is the prosecutor who decides which provision to apply, and the amount is one of the circumstances, not a decisive criterion.

The practical conclusion is inconvenient for a reader looking for a number. Every compilation providing a specific weight for France adds it from the outside, because the provision does not contain it.

It is worth knowing, however, that the lack of a threshold does not mean a harsher reaction. The real course of the case is described in the next section, and it is milder than would be inferred from the ranges alone.

For a traveler, the conclusion is practical despite the lack of a number. Since responsibility arises regardless of how much someone has with them, the mere established fact of use is sufficient to initiate a case.

What are the consequences of exceeding the threshold in France?

The code provides for one year of imprisonment and a 3,750 euro fine, but these ranges describe the upper limit, not the typical course of a case. In practice, the proceedings end with a flat-rate fine, the payment of which extinguishes prosecution. The ranges and practice diverge here exceptionally strongly.

There are three amounts, depending on the payment deadline. The basic amount is 500 euros, with a shortened payment deadline it is 400 euros, and for late payment, it is 1,000 euros.

This structure resembles a traffic ticket and works similarly. Payment closes the case, so there is no court proceeding or judgment, which is a rare solution in this context.

Separately, the law provides for a harsher penalty for selected professional groups. Five years and 75,000 euros are threatened for public officials, persons performing public missions, and transport personnel in positions essential for safety.

It is worth noting that differentiation here is made through the person of the perpetrator, not by the amount. This is the same logic as with the act itself, where behavior, not weighed material, is decisive.

Does France have a medical marijuana program?

The French program is transitioning from an experiment to a permanent framework, and this is the most important information about the status in 2026. Descriptions of it as a pilot or as a fully operational program are both imprecise today. Both descriptions come from different stages of the same reform.

It was led by the ANSM (National Agency for the Safety of Medicines and Health Products), and it started on March 26, 2021, covering five indications: multiple sclerosis, drug-resistant epilepsy, neuropathic pain, nausea and vomiting after chemotherapy, and palliative care. The recruitment of new patients was closed on March 27, 2024, and during the entire recruitment period, 3,209 people entered it. The year 2024 is sometimes described as an expansion of the program, but it was its closure for new patients.

After the experiment ended, France notified the European Commission of three implementing acts in March 2025, covering the admission procedure, quality and safety criteria, and cultivation rules.

In the target arrangement, admission is to be limited to five years with the possibility of renewal. The drug is to be reserved for the last line of treatment, with the first prescription issued in the hospital.

Patients from the experiment are guaranteed continuity of treatment, extended exceptionally until March 31, 2026. It lasts for up to three months after the opinion of the French health authority, so the transition between systems does not interrupt therapy.

For a patient from Poland, the practical conclusion is cautious. The target framework is known, but its full implementation depends on acts whose application is just beginning.

It is worth noting what is not included in this description. We do not know the conditions under which a patient will enter the target program, nor the centers that will conduct it, so we do not mention them here.

France banned this substance as one of the first in Europe and did so immediately along with its derivatives. This solution is worth noting because it shows that a list of names can work effectively, provided it covers more than one molecule. The list initially included three compounds at once.

Three compounds were placed on the list of substances classified as narcotics. These are hexahydrocannabinol, its acetate, and hexahydrocannabiforol, all three by decision from June 2023.

A year later, the list was tightened with another derivative. By decision from May 2024, a compound that appeared in trade after the first ban was added to it, which well illustrates how the market operates.

The result is a full narcotic regime. Production, sale, and use are prohibited, so the substance does not benefit from any milder category.

We described how the same substance is treated by other legal systems in our post about whether HHC is legal and safe.

It is worth comparing the way the French list operates with the Swiss one. There, the general clause covers derivatives from the outset, while here each must be added by a separate decision, as evidenced by the year gap between the two bans.

How many French people use marijuana?

About one-tenth of adults annually. The Baromètre santé survey conducted by Santé publique France covered 23,661 people aged 18 to 64 and found that in 2021, 10.6% of them had used marijuana in the previous twelve months.

Ever tried it 47% of adults, and the percentage of users clearly decreases with age: from 26.3% in the 18-25 age group to 2% among those aged 55-64.

Newer data from the French drug observatory OFDT show that this level is maintained: in 2023, 14.5% of men and 7.2% of women reported use in the past year, and the rate has been stable for nearly a decade (OFDT, marijuana use among people aged 18-64).

Comparing these numbers with the severity of the regulations leads to a conclusion that is hard to overlook: mere strictness of the law is not enough to limit the scale of use. France punishes more severely than most western neighbors and simultaneously ranks high in European usage rankings. Enforcement is uneven and focused more on trafficking than on consumers, and the 2020 mandate was intended to relieve the courts, not limit the market.

Is France heading towards legalization?

Not yet, although parliament has expressed a favorable opinion. In January 2020, the National Assembly established a joint information mission dedicated to the regulation and effects of various uses of cannabis. It included about thirty parliamentarians from both majority and opposition parties, chaired by Robin Reda, with Jean-Baptiste Moreau serving as the general rapporteur.

The thematic report on recreational marijuana, prepared by MP Caroline Janvier, was adopted by the mission on May 5, 2021. The document stated the failure of the repressive policy pursued for fifty years and advocated for legalization in a regulated form and for a nationwide debate on the subject. The final report of the mission was adopted in June 2021 (National Assembly, report on recreational marijuana).

The government did not take up these recommendations, and none of the major parties made legalization a program point. As of 2026, no legalization bill is being processed in the National Assembly or the Senate. Maintaining the current state, which is a ban with a 200 euro mandate for minor possession, seems to be the most likely scenario leading up to the next parliamentary elections.

What is the status of CBD in France?

CBD is legal, including flowers and leaves, and this was determined by two rulings. The first was made in Luxembourg, the second in Paris, and only together did they close a dispute that had lasted for several years and several conflicting government regulations. The distinction here is made by THC content, not by the name of the product.

The ruling of the Court of Justice of the European Union of November 19, 2020, in case C-663/18 (Kanavape) stated that CBD is not a narcotic within the meaning of the conventions referred to by EU law. A member state cannot therefore prohibit the trade of a product legally produced in another state unless the prohibition is necessary for the protection of public health and does not exceed what is necessary (EUR-Lex, ruling C-663/18).

Despite this, the French government prohibited the sale of raw hemp flowers and leaves to consumers in a regulation dated December 30, 2021. The Council of State overturned this ban by ruling no. 444887 of December 29, 2022, deeming it disproportionate in light of the lack of evidence of health risks from strains with delta-9-THC content below 0.30% (Council of State, ruling no. 444887). The value of 0.3% is the EU value from Article 4, paragraph 4 of regulation 2021/2115, applied since January 1, 2023; previously, it was 0.2%. In Poland, the same threshold arises from the Act on Counteracting Drug Addiction and the same must be met by hemp flower sold domestically.

Activity Legal status in 2026 Basis
Use and possession for personal use prohibited; 200 euro fine or court proceedings art. L3421-1 of the public health code
Trafficking and transport crime; up to 10 years and 7,500,000 euros art. 222-37 of the penal code
CBD oils and cosmetics legal with THC below 0.3% ruling C-663/18, regulation 2021/2115
CBD flower and leaves legal since the ban was overturned Council of State, ruling no. 444887 from 2022
Medical marijuana only for patients enrolled until March 2024, without reimbursement ANSM program since March 2021

Frequently asked questions

How much marijuana can I have in France?

The provision does not specify any amount, as it punishes the act of use, not possession of a specific weight. The distinction between personal use and trafficking is made through the qualification of the act, not by weighed material.

What are the consequences in France for marijuana?

The code provides for one year of imprisonment and a 3,750 euro fine, but in practice, the case ends with a flat-rate fine. Its payment extinguishes prosecution.

How much is the French flat-rate fine?

500 euros at the basic rate, 400 euros for payment within a shortened deadline, and 1,000 euros for late payment. Payment closes the case without court proceedings.

Who is punished more severely in France for use?

Public officials, persons performing public missions, and transport personnel in positions essential for safety. They face five years of imprisonment and 75,000 euros.

Is the French medical marijuana program operational yet?

It is transitioning from an experiment to a permanent framework. The experiment lasted from 2021 to 2024, and three implementing acts were notified to the European Commission in March 2025.

No. Hexahydrocannabinol, its acetate, and hexahydrocannabiforol were placed on the list of narcotic substances in June 2023, and a year later, another derivative was added. Production, sale, and use are prohibited.

Sources

Act or document Address Checked Degree of evidence
Code de la santé publique, art. L3421-1 legifrance.gouv.fr 2026-09-04 text of the legal act
Code de la santé publique, art. L3421-1, no threshold amount in the text of the provision legifrance.gouv.fr 2026-09-04 text of the legal act
Code de la santé publique, art. L3421-1 in connection with arts. 495-17 to 495-25 of the code of criminal procedure legifrance.gouv.fr 2026-09-04 text of the legal act
Agence nationale de sécurité du médicament et des produits de santé (ANSM), dossier „Cannabis à usage médical” ansm.sante.fr 2026-09-04 position of the authority
Consolidated list of substances classified as narcotics, maintained by ANSM based on art. L. 5132-7 of the public health code, status as of February 16, 2026; entries come from decisions of June 12, 2023, and May 22, 2024. NOTE ON THE SOURCE’S RANK: the list itself states that it is published “for information purposes,” and only the amended arrêté of February 22, 1990, is binding. Names and dates are therefore certain, but when citing, one should refer to the decisions, not the list itself. ansm.sante.fr 2026-09-05 position of the authority
OFDT, marijuana use among people aged 18-64 ofdt.fr 2026-09-05 report of the organization
National Assembly, report on recreational marijuana www2.assemblee-nationale.fr 2026-09-05 position of the authority
EUR-Lex, ruling C-663/18 eur-lex.europa.eu 2026-09-05 text of the legal act
Council of State, ruling no. 444887 legifrance.gouv.fr 2026-09-05 text of the legal act
ANSM, experiment with medical marijuana ansm.sante.fr 2026-09-05 position of the authority

This article is for informational and educational purposes and does not constitute legal advice. The legal status described in the article is valid as of the publication date: regulations regarding cannabis may change. Before making a decision, consult a lawyer or current legal acts.

Author: Michał Waluk

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