Cannabidiol (CBD) is a compound found in cannabis that possesses interesting medicinal properties and is rapidly gaining popularity. In France, its sale and consumption are tolerated as long as the products contain less than 0.2% THC. However, it is not uncommon for individuals who have legally purchased CBD to receive a fine for illegal possession of narcotics. If you find yourself in this situation, here are the steps to follow to contest the fine.
Step 1: Gather Evidence
Before initiating any appeal process, it is essential to gather all the evidence showing that the seized product is indeed CBD that complies with French standards.
Invoices and Certificates of Origin
Invoices and other certificates of origin are crucial to prove that your purchase was legal and complies with French CBD standards. Keep these documents carefully and request a copy if you haven’t already done so.
THC Level Analysis
An analysis performed by an independent laboratory can verify the THC level in the product seized by law enforcement. This process can be costly, but it will provide solid proof of your CBD’s compliance. Don’t hesitate to contact the seller or manufacturer to obtain this type of analysis if it is not already available.
- Step 2: Online Appeal
- The first option is to contest the fine online. To do so, go to the official ANTAI (National Agency for the Automated Processing of Offenses) website and follow the instructions provided.
- Required Information
Your phone number
The case number shown on the ticket The reference number of the fixed penalty notice All collected evidence (invoices, statements, analyses)
Appeal Deadlines
Please note that you have 30 days from the date of notification of the fine to take this step. After this period, you will no longer be able to contest it.
Step 3: Contesting by mail
If you prefer to proceed by mail, simply follow these steps:
Complete a contestation form
Download and complete form cerfa n° 15776*02 from the website service-public.fr and attach the documents proving the legality of your CBD according to French standards.
Attach the necessary supporting documents Above, you will find a list of the various supporting documents to attach to your contestation. Remember to also include a letter explaining your actions and detailing the arguments that support your contestation. Send everything by registered mail with return receipt requested
- The submission must be sent by registered mail with return receipt requested to ensure that your case is properly processed. The mailing address varies depending on the fine received:
- For a fixed penalty fine: Public Prosecutor’s Office at the Police Court
For an increased penalty fine: The relevant Public Treasury
Step 4: Wait for the administration’s response
After sending your appeal, you will have to wait several weeks, or even several months, before receiving a response from the administration. This response may take different forms:
Rejection of the appeal
If the administration rejects your appeal, it will send you a letter informing you of its decision. From this point, it is still possible to appeal to the local judge to contest this decision, but the chances of success are generally lower.
Dismissal of proceedings
In some cases, the administration may decide to dismiss the case against you. In this situation, you will not have to pay the fine and the case will be closed.
Reduction of the fine
