Police custody for drug offences: how long, and what rights?

The length depends on the offence charged. Drug trafficking falls under paragraph 3 of Article 706-73 of the Code of Criminal Procedure, which triggers the organised crime regime.

Ordinary rules (24 hours, renewable once): 48 hours maximum (Art. 63 CPP).
Drug trafficking: 96 hours maximum (Art. 706-88 CPP).
Trafficking with drugs carried inside the body ("mule"): 120 hours maximum, since 15 June 2025 (Art. 706-88-2 CPP).

Beyond 48 hours, any extension is ordered by the liberty and custody judge (juge des libertés et de la détention) or the investigating judge, on an exceptional basis. The decision must be in writing and reasoned, and a medical examination accompanies the first extension.

The additional 24 hours applicable to "mules" require a medical certificate establishing the presence of drugs and fitness to remain in custody. The person may then ask for an interview with a lawyer and a new medical examination.

Rights of the person in police custody

Article 63-1 of the Code of Criminal Procedure requires these rights to be notified immediately, in a language the person understands:

to be told the legal classification, the presumed date and place of the offence, and the possible length of the measure;
to have a relative and their employer informed, as well as their consulate for a foreign national;
to be examined by a doctor and, if needed, assisted by an interpreter;
to be assisted by a lawyer, either chosen or court-appointed;
to make statements, answer questions or remain silent;
to submit observations to the judge ruling on the extension.

When can the lawyer step in?

In principle, from the very start of the measure. In trafficking cases, the lawyer's involvement may be postponed for up to 72 hours, for compelling reasons and by a written, reasoned decision (Art. 706-88 CPP).

Such a postponement must rest on the particular circumstances of the investigation. It is one of the first points the defence checks.

The confidential interview lasts no more than 30 minutes and may be renewed at each extension (Art. 63-4 CPP). The lawyer may attend the interviews, unless a judge orders a postponement (Art. 63-4-2 CPP).

What to do if a relative is arrested?

Call a lawyer without delay. A person informed of the police custody may appoint a lawyer, and the person in custody must then confirm that choice (Art. 63-3-1 CPP).
Pass on what you know. Full name, date of birth, place and time of the arrest, and the investigating police unit if known.
Gather proof of stable circumstances. Proof of address, employment and family situation can be used as soon as the person is brought before the court.
Do not touch anything and do not interfere with the investigation. Do not delete any message or file, and do not contact the other people involved.

If the chosen lawyer cannot be reached, or cannot attend within two hours, the President of the Bar is asked to appoint a duty lawyer. That is why you should call early.

Drug trafficking: which offence, and what sentence?

"Trafficking" covers several offences under the Criminal Code, punishable by anything from 5 years' imprisonment to life imprisonment. The offence charged determines the length of police custody, of pre-trial detention and which court tries the case.

Illegal use: 1 year's imprisonment and a €3,750 fine, with a €500 fixed penalty possible since 20 August 2026 (Art. L. 3421-1 Public Health Code).
Supplying or offering for another person's personal use: 5 years and €75,000, the prison term rising to 10 years in particular where the supply targets a minor (Art. 222-39 Criminal Code).
Transport, possession, offer, supply, acquisition or use: 10 years and €7,500,000 (Art. 222-37 Criminal Code).
Import or export: 10 years, or 30 years' imprisonment as an organised gang, and €7,500,000 (Art. 222-36 Criminal Code).
Production or manufacture: 20 years' imprisonment, or 30 years as an organised gang, and €7,500,000 (Art. 222-35 Criminal Code).
Leading or organising a group: life imprisonment and €7,500,000 (Art. 222-34 Criminal Code).

Since 15 June 2025, sentences are increased where an adult acts with the help of a minor: 15 years instead of 10, 30 years instead of 20, life instead of 30 years (Art. 222-37-1 Criminal Code).

The law also created the offence of assisting a criminal organisation, punishable by 3 years' imprisonment, without any specific offence having to be in preparation (Art. 450-1-1 Criminal Code).

The drug trafficking law and the 2026 reform: the new time limits to know

Three laws have changed these cases since 2025: the drug trafficking law of 13 June 2025, the law of 23 July 2026 and the RIPOST law of 18 August 2026. Some time limits now run from the moment charges are brought (mise en examen), and a missed deadline can permanently close off a remedy.

Since 23 October 2026

Annulment applications during the judicial investigation: the time limit drops from 6 to 4 months. A copy of the case file must be requested within 7 clear days of being charged.
Annulment applications before the criminal court: submissions must be filed 3 days before the hearing, except in immediate appearance cases.

Since 20 August 2026

The fixed penalty for drug use rises to €500. Police custody for trafficking remains at 96 hours.

Since 25 July 2026

Applications for release are more tightly regulated: no new application may be filed until the previous one has been finally decided.
Exceptional continued detention where the extension hearing could not be held properly: up to 5 working days, by decision of the first president of the court of appeal.

Since 5 January 2026

Creation of the national prosecutor's office against organised crime (PNACO), with nationwide jurisdiction over the most complex cases.
Organised gang crimes tried without a jury, by an assize court made up of professional judges.

Since 15 June 2025

120-hour police custody for "mules", with a mandatory medical certificate.
Pre-trial detention: an initial order of 6 months and 2 years in total for a lesser offence (délit), with 6-month extensions by the liberty and custody judge.

Pre-trial detention: longer periods

For a trafficking offence punishable by at least 10 years, pre-trial detention is set at 6 months, renewable in 6-month periods up to 2 years (Art. 145-1-1 CPP). The ordinary rules for lesser offences provide for 4-month periods (Art. 145-1 CPP).

For serious crimes (crimes), the ceiling is 4 years for drug trafficking. The investigating chamber may exceptionally add two 4-month extensions (Art. 145-2 CPP).

Applying for release: choosing the right moment

An application is inadmissible until a final decision has been made on the previous one or on any appeal against the detention order. This rule applies to applications filed since 23 July 2026 (Art. 148 CPP).

The investigating judge has 10 days to forward the application, then the liberty and custody judge has 5 working days to rule. If no ruling is made, the matter may be referred to the investigating chamber, which decides within 30 days.

A person who has not appeared before the investigating judge for 6 months may apply directly to the investigating chamber (Art. 148-4 CPP).

Finally, an irregular extension hearing no longer always leads to immediate release. The prosecutor general may ask for continued detention of up to 5 working days, where there is a risk of particular seriousness or a very high risk of flight (Art. 803-11 CPP).

Annulment applications: a tighter timetable

For acts prior to the first appearance interview, the time limit is 4 months from the first copy of the case file, provided it is requested within 7 clear days of being charged. Otherwise, it runs from notification of the charges (Art. 173-1 CPP).

Before the investigating chamber, written submissions must be filed 3 days before the hearing, except in pre-trial detention matters, and the last one must recapitulate all grounds for annulment (Art. 198 CPP).

Before the criminal court, annulment submissions must be filed 3 days before the hearing, failing which they are inadmissible. This time limit applies neither to immediate appearance, nor to grounds a party could not have known of, nor to a party summoned less than 20 days before the hearing (Art. 385 CPP).

Changing lawyer in a trafficking case

In these cases, a lawyer can no longer be appointed by registered letter, unless it is the first appointment or an appointment made during an interview. A declaration is made to the investigating judge's clerk, and a detained person may also go through the prison governor or send a letter to the chosen lawyer (Art. 115 CPP).

Investigation: new powers to scrutinise

Separate file ("dossier-coffre"): the liberty and custody judge may keep out of the case file the date, time and place a technical device was installed, as well as the identity of those who installed it, where there is serious danger (Art. 706-104 CPP). The Constitutional Council struck down the possibility of convicting on evidence whose collection could not be challenged (decision no. 2025-885 DC).
Remote activation of devices: it allows sound and images to be captured with a judge's authorisation. The Constitutional Council restricts it to sufficiently serious offences and, for the lesser offences concerned, to those committed as an organised gang and punishable by at least 5 years (Art. 706-96 and 706-99 CPP).
Night-time searches: they may be authorised by the liberty and custody judge in organised crime cases (Art. 706-90 CPP).

Additional penalties and assets

Exclusion from French territory: it is imposed on a foreign national convicted of trafficking, unless a specifically reasoned decision provides otherwise (Art. 131-30-3 Criminal Code).
Flights, boats, ports and airports: a ban of up to 3 years may be imposed where the offence was committed on board or on site. Breaching it is punishable by 2 years' imprisonment and a €30,000 fine (Art. 222-44-2 Criminal Code).
Confiscation: on conviction for failure to justify one's resources, confiscation of seized assets of unexplained origin becomes the rule, unless a specifically reasoned decision provides otherwise (Art. 321-6 Criminal Code).
Administrative freezing: funds may be frozen for 6 months, renewable seven times, for people posing a threat of particular seriousness (Art. L. 562-2-2 Monetary and Financial Code).

Detention and serving the sentence

A person detained for organised crime may be placed in a unit dedicated to combating organised crime, for one year, renewable. This decision of the Minister of Justice may be challenged before the administrative courts (Art. L. 224-5 of the Prison Code).

The specialised sentence enforcement judges of Paris or of a JIRS (specialised inter-regional court) may also have jurisdiction, instead of or alongside the local judge (Art. 706-75-3 and 706-75-4 CPP).

How the lawyer defends a drug case, from police custody to trial

The defence starts from the very first hour and is then built step by step. Each case calls for its own strategy, defined with the client.

Police custody. Preparing the interviews, checking that rights were notified, reviewing the extensions and submitting observations to the judge.
Being brought before the court. Gathering proof of stable circumstances and preparing the hearing on detention or judicial supervision.
Immediate appearance. The defendant may refuse to be tried the same day: the case is then adjourned for 4 to 10 weeks (Art. 397-1 CPP). See our article on immediate appearance in Paris, Bobigny and Nanterre.
Judicial investigation. Requesting a copy of the case file within 7 clear days, raising annulment grounds in time, requesting investigative steps and challenging detention.
Trial. Arguing the legal classification, each person's exact role, knowledge of the nature of the goods, the sentence and confiscation.
After conviction. Preparing a sentence adjustment and ensuring rights are respected in detention.

For an overview of each stage, see also our article Drug trafficking lawyer: defending yourself at every stage.

Where does the firm work?

The firm works daily at the Paris JIRS and before the courts of Bobigny, Créteil and Nanterre. It also appears before the other courts of the Île-de-France region, such as Pontoise, Versailles and Meaux, and throughout France, including the overseas territories.

Maître Fourt works in French, English and Spanish, and regularly assists foreign nationals.

Drug cases: the firm's press coverage

These articles, taken from the firm's Press section, concern drug cases linked to matters handled by the firm of Maître Maximilien FOURT. They range from seizures on the high seas to neighbourhood networks, and reflect valuable experience in this field.

Seizures at sea and overseas

Sud Ouest: 1,878 kilos of drugs found on a sailing boat in the Marquesas, French Polynesia.
France Info: three tonnes of cocaine seized and four people taken into custody in Fort-de-France, Martinique.
France-Antilles: 445 kilos of cocaine seized north-east of Guadeloupe.

Networks and trials

Le Parisien: the Caliweed network, 180 kilos of drugs seized in Île-de-France.
20 Minutes: 32 people on trial in Saint-Ouen.
BFM TV: 13 people on trial in L'Île-Saint-Denis.
Valeurs Actuelles: a cocaine laboratory in the Aisne.

Transport and "mules"

France Bleu: 900 kilos of cannabis in a tanker truck in Le Mans.
Ouest-France: a go-fast case in Le Mans.
Courrier Picard: cocaine trafficking from Suriname to Beauvais by "mules".
France Bleu: 45 kilos of cocaine in a vehicle in Biriatou.
Actu17: cocaine and a handgun seized in Champigny.

Frequently asked questions about police custody for drug offences

How long does police custody for drug trafficking last? Up to 96 hours, and up to 120 hours if a doctor establishes that drugs are present inside the person's body. For an ordinary offence, the maximum is 48 hours.

Which lawyer should I call for police custody involving drugs? You may choose your own lawyer or ask for a court-appointed lawyer. A relative informed of the custody may also appoint a lawyer, subject to confirmation by the person in custody.

Can the lawyer step in from the very first hour? That is the rule. In trafficking cases, a judge may postpone the lawyer's involvement for up to 72 hours, by a written, reasoned decision.

Is there a right to remain silent in police custody? Yes. After giving their identity, the person may make statements, answer questions or remain silent. The choice is discussed with the lawyer during the interview.

What happens at the end of police custody? The person may be released, summoned to court, brought before the court for immediate appearance or presented to an investigating judge. The judge may then charge them, and the liberty and custody judge rule on pre-trial detention.

How long can pre-trial detention for trafficking last? Up to 2 years for a lesser offence punishable by at least 10 years, in 6-month periods. For serious crimes, the ceiling is 4 years, excluding exceptional 4-month extensions.

What is the difference between use and trafficking? Use is punishable by one year's imprisonment, while transport or possession are punishable by 10 years. The line depends on the facts: quantity, packaging, messages and each person's role.

Does the firm work at night and at weekends? Yes, the firm handles emergencies 24/7.

Contact a lawyer for police custody or a drug case

Emergencies 24/7: +33 6 58 22 68 80 · WhatsApp · maximilien@fourt-avocat.com

Firm of Maître Maximilien Fourt, member of the Paris Bar, 43 rue Condorcet, 75009 Paris. Fees and contact.

Article up to date as of 2 November 2026. It presents the law in general terms and does not replace the analysis of a specific case.

Drug trafficking