CBD while driving: can you lose your driver's license?

Today we are addressing a frequently asked question: CBD and driving, can you lose your driver's license if you have consumed CBD before driving?

This is a legitimate question, since CBD is legal and has no psychoactive effects; it can even be purchased in pharmacies ! However, you can indeed lose your license if you consume CBD before driving. The penalty is the same as for driving under the influence of THC: two years imprisonment, a €4,500 fine, and a loss of six points on your driver's license.

So we asked ourselves why? If you're wondering the same thing, stay put, we'll answer you right away!

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CBD, driving and justice: Case law

As you may know, in law, we sometimes have to deal with cases that aren't defined by statutes. In such cases, we refer to a court decision rendered in a similar situation. This decision serves as an example; this is what we call case law.

Why are we explaining this to you? Because case law prevails in the case of CBD and driving. Indeed, no law explicitly regulates CBD consumption and driving. However, in this area, an initial ruling by the Court of Cassation in a judgment dated June 21, 2023, is considered authoritative.

What happened: A usawas stopped for speeding and tested positive for THC. He was sentenced to two months' imprisonment, suspended, a six-month driving ban, and a €50 fine for both speeding and the positive saliva test.

Theusais appealing the charge of driving under the influence of drugs, claiming he only consumed CBD. The verdict was reviewed on appeal on the grounds that the toxicology report did not mention the THC level, implying that with a low blood THC level, the user is not in violation, as legal products can contain up to 0.3% THC.

But the appeal was also reviewed, in cassation, because "The offence is constituted if it is established that the defendant drove a vehicle after usaa substance classified as a narcotic (THC), regardless of the dose absorbed.".

In short, the driver was indeed convicted for THC consumption, as he tested positive regardless of the level.

In conclusion, as Virginie Cousin, a lawyer at the Nancy bar, points out: “In any case, if the test comes back positive, there will be sanctions.”

 

Clarification on screening

Before addressing this last point, let's look at some details regarding roadside drug testing itself. According to Drogue Info Service, testing is mandatory in the event of a fatal or injury-causing accident.

Screening is also possible, but not mandatory, in the following cases:

• when an accident causes material damage
• during a traffic violation;
• when a police officer suspects drug use.

Unlike a breathalyzer test, which provides a more or less precise reading of the blood alcohol level, a THC test only indicates whether or not you have consumed THC. Currently, in France, there is no police test that measures CBD levels.

It's important to know that a THC test can be positive up to 12 hours after ingestion for regular CBD users. According to the French Road Safety Authority's guidelines, this can even extend to several days for very heavy users.

According to current legislation, all forms of CBD, whether in e-liquid, infusion, candy, etc., may contain traces of THC. The same applies to all CBD derivatives.

This means that if you regularly consume CBD, there is always a chance that you will test positive and be penalized for it.

Is CBD prohibited if I drive? What should I do if I'm stopped by the police?

 

 

In practice, there is always a chance that a positive test could lead to penalties, but in reality, in most cases involving CBD users, the charges are dropped. Nevertheless, as Flavien Guilbatch, a lawyer at the Alençon bar, points out, if you test positive while only consuming CBD, you will have to prove your innocence.

In this case, remember that you have the right to request a blood or urine test, which will determine the exact dose of THC in your blood. If you are arrested, you can make the request at the police station. If this request is refused for any reason, do not hesitate to go to the nearest available laboratory to request a blood test that will confirm the THC and CBD levels in your blood.

Furthermore, you may also be asked to provide proof of your CBD consumption. Therefore, we strongly advise you to carefully keep your checkout forms or receipts for your CBD purchases, as well as the packaging.

Perspective: Should we follow the example of our European neighbors?

As we mentioned at the beginning of this article, the issue of CBD and driving comes up frequently. As Flavien Guilbatch points out, after pleading a case involving CBD and driving, thetesting method is inadequate: “People acting in good faith are being punished, and the courts, lawyers, and police services are wasting their time.”

This issue was raised in a request to the Minister of the Interior by former Marne Senator Yves Détraigne on January 12, 2023: “In Belgium and Germany, police officers are equipped with devices that allow them to collect a precise quantity of saliva and store it so that laboratories can formally determine the concentration of THC and CBD present in the body. Given that current legislation does not prohibit driving and consuming CBD, he asks whether the Minister intends to change the methods of saliva collection used by law enforcement so as not to convict people acting in good faith.”

This would indeed be a good solution to be able to separate consumers from a product that is legal, in accordance with the law, authorized at work as well as at home and does not present any more danger on the road than a consumer who is in violation of the law.

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