CBD, or cannabidiol, is a substance derived from hemp which is experiencing growing success in France. Indeed, this molecule has no psychotropic effects and has therapeutic properties recognized by the scientific community. However, some users may be fined for possession of CBD. In these cases, how can you challenge this type of fine? Discover the steps to follow to react to this situation.
Take stock of the legality of the product
Firstly, it is crucial to check whether the CBD in question is actually authorized in France. French legislation allows the marketing and consumption of CBD with a content of less than 0.2% THC (tetrahydrocannabinol), the substance responsible for the psychotropic effects of cannabis. In addition, the plant from which the CBD is extracted must be part of a variety of hemp authorized by the European Union.
Check the origin of the product
To be sure of having a legal product, it is essential to obtain your CBD from reliable suppliers who are transparent about the origin and composition of their products. We can thus ensure that the regulatory THC threshold is respected, and therefore avoid receiving an unfair fine.
Understand the reasons for the fine
If, despite everything, you are fined for possession of CBD, it is essential to understand the reasons which prompted the competent authorities to establish a fine. This can happen in several cases:
- The product has a THC level higher than the authorized limit
- Law enforcement considers CBD to be cannabis
- There has been confusion with another banned substance
Therefore, to effectively challenge this fine, it is essential to establish the correct facts and present solid evidence to support your argument.
Consult a lawyer specializing in criminal or drug law
Faced with a fine for possession of CBD, it may be wise to call on a lawyer specializing in this type of dispute. This professional will then be able to help you identify your rights, know precisely the legislation on CBD in France, and mount a solid defense. In addition, he will be able to assist you with the necessary steps to contest the fine.
Gather the evidence needed for your defense
To support your dispute request, it is important to gather several elements:
- The incriminated product: it will be used to justify its legality with regard to French and European laws
- Documents proving the purchase of CBD: invoices, sales certificates, etc.
- Laboratory analyzes demonstrating compliance of the product with current regulations (if possible)
Remember that you have every right to request an independent review to validate the legality of the seized product.
The dispute itself
Once the evidence has been gathered, an explicit request for dispute must be sent to the competent department. This process must be carried out within 45 days from the date of notification of the fine. It is recommended to do this by registered mail with acknowledgment of receipt to keep a written record of the exchange.
Write a reasoned letter
Your dispute letter should be clear, precise and concise, setting out the reasons why you are contesting the fine. It is better to focus on legal aspects rather than relying on moral or emotional arguments. Do not hesitate to recall the legal texts which govern the marketing and consumption of CBD in France and in the European Union, as well as to attach the evidence that you have collected.
Follow the progress of your file
At the end of this procedure, your file will then be examined by competent services such as the Public Prosecutor or the local court. The latter can either decide to close the case, allowing you to avoid an unfair fine, or maintain the legal proceedings. In this case, it is essential to work closely with your lawyer to ensure your best defense. In summary, contesting a fine for possession of CBD is far from easy, but not impossible. It is advisable to be well informed about the legality of the product in question and the laws surrounding this substance in France. Gathering relevant evidence and arguing solidly are also essential to increase your chances of success in this process.
