The Legalisation of Cannabis in France: Between Repression and the Debate on Normalisation

France presents one of Europe’s most striking paradoxes when it comes to cannabis policy. Despite upholding one of the continent’s most repressive legal frameworks, inherited from legislation over half a century old, the country has the highest rate of marijuana use among adults in the European Union. This deep contradiction lies at the heart of an increasingly intense and polarised public debate on legalisation of cannabis in France, creating a constant state of uncertainty for millions of citizens.

Cannabis users in France, whether occasional or regular, face a regulatory framework that can be extremely confusing, leaving them vulnerable. It’s no surprise that every new reform proposal or political statement triggers a surge in online searches, with citizens desperately seeking clear answers to fundamental questions about what is legal and what is not.

This demand for information reflects a social need for clarity that the current system fails to provide. The driving force behind the reformist debate in France is not a purely libertarian ideological current, but a pragmatic recognition—even from official institutions—that the 50-year-old prohibitionist policy has failed in its public health and safety objectives.

This “constat d’échec” (acknowledgement of failure) is the starting point for a paradigm shift, focused on the need for the State to regain control over a market currently dominated by criminal networks.

A Complex and Ambiguous Framework for Legalisation of Cannabis in France

To understand the current debate, it is essential to examine the legal framework governing cannabis in France. The cornerstone of French policy is its classification as a “stupéfiant” (narcotic), which makes any activity involving it without authorisation a criminal offence.

The foundation of this prohibition is the historic law of 31 December 1970, one of the strictest in Europe, designed to combat both trafficking and personal use. Its repressive spirit is enshrined in Article L3421-1 of the Public Health Code, which states that the illegal use of narcotics is punishable by one year in prison and a €3,750 fine.

Although the prison sentence for simple consumption still exists in law, it is rarely enforced. Since September 2020, the most common legal response has been the Amende Forfaitaire Délictuelle (AFD), a €200 fine designed to provide a quicker resolution. This can be reduced to €150 if paid within 15 days, or increased to €450 if payment is delayed. In 2024, more than 60,000 consumers were fined under this system, reflecting the active enforcement of these repressive policies.

However, there is a dangerous misconception about the nature of the AFD. It is not a simple administrative fine; paying it constitutes an admission of guilt and, more importantly, the offence is recorded on the individual’s criminal record. This often unknown consequence can have serious future repercussions, such as hindering employment in certain sectors or obtaining visas.

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Is It Legal to Grow Cannabis in France?

This is one of the most frequently searched questions by French users. And the answer is a categorical “no”, as French law is exceptionally severe in this regard. Article 222-35 of the Penal Code punishes the illegal production of narcotics with up to 20 years’ imprisonment and a €7,500,000 fine. No distinction is made between cultivation for personal use and large-scale production.

Thus, in theory, a person with three plants on their balcony faces the same maximum penalty as the leader of an industrial-scale production network. A French Senate report clarifies that the law does not account for personal-use cultivation, leaving it to the discretion of the public prosecutor, who may choose not to press charges and instead propose an alternative measure such as a treatment order.

This discretion generates deep legal insecurity for home growers: although courts may in practice be more lenient towards small-scale personal cultivation, the activity remains a criminal offence, with no tolerance threshold or permitted number of plants.

The repressive framework extends with equal severity to other areas. Trafficking, selling or even sharing cannabis is punishable by up to 10 years in prison and a €7,500,000 fine, with harsher penalties for sales to minors or organised groups. Driving under the influence of cannabis is subject to a zero-tolerance policy: the mere presence of THC traces in a test is enough for a conviction, which may carry a sentence of up to 2 years in prison, a €4,500 fine and a deduction of 6 points from the driving licence.

As for cannabis seeds, their legal status in France is paradoxical. Buying, selling and possessing cannabis seeds is not illegal, since the seeds themselves contain no THC, the plant’s main psychoactive compound. As such, they can be freely purchased, often sold as “collectors’ items”. However, the law explicitly prohibits their germination, meaning that while possession is legal, planting and cultivating them to produce a marijuana plant constitutes a criminal offence and carries the same harsh penalties as narcotics production.

Medicinal Cannabis and CBD: Small Steps in a Complex Terrain

In France, medicinal cannabis is progressing with extreme caution and is clearly distinguished from the debate on recreational use. After years of delay, in March 2021 a large-scale trial began under the supervision of the National Agency for the Safety of Medicines (ANSM), treating around 3,000 patients with severe conditions resistant to other treatments.

Despite positive results, which have shown improvements in participants’ quality of life, the path towards general availability has been slow and bureaucratic. The programme, which has been extended several times (most recently in March 2025), is now heading towards potential “generalisation” in 2026, when therapeutic cannabis would be treated as a fully authorised medicine, requiring a prescription and strict medical supervision—reflecting the country’s persistent political reluctance.

In parallel, cannabidiol (CBD), the non-psychoactive molecule of cannabis, has sparked a genuine commercial and legal revolution. Its legal status is based on a clear rule: products are legal as long as they contain less than 0.3% THC. The turning point came in late 2022, when the Council of State overturned the government’s ban on the sale of CBD flowers and leaves.

This landmark decision consolidated the legality of non-psychoactive cannabis sold in specialist shops, ruling that CBD is not a narcotic and that a blanket ban was disproportionate. Thanks to this ruling, consumers can now legally buy a wide range of CBD-derived products across France, provided they are extracted from authorised hemp varieties.

However, CBD’s legality is riddled with ambiguities that create a confusing environment for consumers. The most notable contradiction is that while the sale of CBD flowers is legal, smoking them is prohibited, with their official use limited to infusions or as aromatic flowers. Furthermore, attributing therapeutic properties to them is strictly forbidden; and home cultivation of hemp, even without THC, remains a criminal offence.

Towards a Paradigm Shift in legalisation of cannabis in France?

Legislative inertia contrasts with the growing intensity of the debate on legalisation of cannabis in France, driven not only by activists but also by state bodies that have documented the failure of the repressive model.

In January 2023, the Economic, Social and Environmental Council (CESE), a constitutional advisory assembly, published a highly influential report calling for a “framed legalisation of cannabis in France” that would include decriminalising personal use and cultivation, regulating production and distribution through licensed outlets, and reforming driving laws to sanction only impairment rather than mere presence of the substance.

Despite this emerging expert consensus, progress is hindered by deep political divisions. The right and the current government maintain a hardline stance. Interior Minister Gérald Darmanin has categorically rejected any changes, and figures like Éric Ciotti (Les Républicains) have proposed even stricter repression. This resistance is rooted in a symbolic defence of State authority, historically linking cannabis with subversion since May 1968.

On the left, although there is general agreement in favour of reform, it is fragile. Parties such as La France Insoumise and Europe Écologie Les Verts support legalisation of cannabis in France, but differ on proposed models, and the lack of a united front weakens their ability to drive meaningful change.

France at the Cannabis Crossroads

The situation of cannabis in France is the chronicle of a foreseeable failure. An outdated and disproportionately harsh legal framework clashes with a social reality of widespread use. The State’s response, centred on ineffective repression, generates legal insecurity, clogs the justice system and strengthens the very criminal networks it aims to dismantle.

The country stands at a critical crossroads. The question is no longer whether cannabis legislation in France will change, but when and how. France now has the opportunity to move away from a failed approach and design a new policy based on evidence and public health, or persist in a repressive stance that distances it from its neighbours and perpetuates the very problems it claims to address.

Frequently Asked Questions about Cannabis Legalisation in France

Is cannabis consumption legal in France?

No. Cannabis use remains illegal and is punished with a €200 fine under the AFD system. While prison sentences are rare, the offence is recorded in the individual’s criminal record, potentially affecting future job or visa applications.

Is it legal to grow cannabis for personal use in France?

No. French law does not differentiate between personal and industrial cultivation. Any cannabis growing can result in up to 20 years in prison and a €7,500,000 fine, even for just a few plants on a balcony.

What are the consequences of paying the AFD fine for possession?

Paying the AFD fine constitutes an admission of guilt, and the offence is recorded in the criminal register. This can have serious legal and professional implications.

What does French law say about cannabis seeds?

Possessing and selling cannabis seeds is not illegal in France as they contain no THC. However, germinating them is considered illegal drug production and subject to severe penalties.

Is CBD legal in France?

Yes, as long as it contains less than 0.3% THC. It can be sold, but smoking it is prohibited, and no therapeutic claims can be made. Home cultivation of hemp, even without THC, remains illegal.

Will cannabis be legalised in France soon?

There is growing public debate and institutional support for legalisation, but political division and government resistance mean legal reform is unlikely in the short term.