What is the risk for drug use?

Verified 21 August 2026 - Public Service / (Prime Minister)

The use of narcotics is a criminal offense treated differently depending on the circumstances: type of drugs, quantity, criminal record of the perpetrator, etc.

If you are being checked consume narcotics or in possession of small quantities, you can be punished with lump sum fine. This penalty is pronounced without trial. The decision shall be taken by a cop, one gendarme or a public official authority that finds this offense (e.g. customs officer).

However, if during the control, you hold a large quantity of a drug or a type of drug classified as hard drug (heroin,...) crack or if you have criminal record, you can be sued before the criminal court. You may be fined and imprisoned.

FYI  

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

Lump-sum fine

This penalty consists in paying a sum of money at Public Treasury.

This flat-rate fine procedure is possible if the infringement is established by electronic minutes (ePV: titleContent).

FYI  

If the finding of the infringement is not made by PVe, the procedure takes place directly in court. This is also the case if you have a large amount of drugs or if the type of drug is assimilated to hard drugs (heroin, crack...).)

The amount of the flat-rate fine shall be €500.

The amount of the lump sum penalty reduced shall be €400 if it is paid within 15 days.

The amount of the flat-rate fine shall be increased by €1,000 if it is not paid within 45 days.

The public prosecutor issues a enforceable title on the basis of which the State Treasury shall recover the flat-rate fine.

In the event of difficulty in paying the fine increased by €1,000, if you acknowledge the facts, you can request a delay or graceful discount. You must send a reasoned request to the Treasury to the address mentioned on your infringement notice or enforceable title.

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

You can challenge the lump sum fine.

The challenge must be made in the 45 days following the finding of the infringement or the sending of the infringement notice.

Warning  

If you pay the lump sum fine, it is no longer possible to challenge it afterwards.

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

You can be relaxed or convicted by the court.

In case of conviction, the initial fine is increased from 10%.

FYI  

Exceptionally, the court may dispense with sentence or impose a fine of less than the fixed fine plus €1,000.

Payment of the lump sum fine shall be acknowledgement of facts. It is no longer possible to challenge the infringement notice.

He terminates any proceedings judicial.

A mention of the payment is registered in criminal record. This mention may be taken into account in the event of recurrence.

Proceedings before the court

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

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

The commission of this offense in the exercise of your function (depositary of public authority, entrusted with a public service mission or personal of a transport company ...) is a aggravating circumstance. You risk then 5 years of imprisonment and €75,000 of fine.

Of additional penalties may be pronounced, for example:

  • Suspension of driving license
  • Detox treatment
  • Confiscation of seized substances or plants
  • Confiscation of facilities, equipment, etc.
  • Awareness-raising course on the dangers of using narcotic drugs (at the expense of the convicted person)
  • Community service work (between 20 and 400 hours)
  • Fine-days
  • Prohibition to practice a profession related to the transport of goods or persons
  • Prohibition to drive certain land motor vehicles (with or without a license required).

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

It can order a therapeutic injunction (care or medical supervision) or set up a penal composition. An additional sentence may require you to follow, at your expense, an awareness course on the dangers of using narcotic drugs, even if you are minor.

The lawyer is not mandatory 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 to benefit from legal aid.

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