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CBD and driving: can you lose your driver's license?
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4 min
Today, we're dealing with a question that comes up a lot: CBD behind the wheel, can you lose your driver's license if you've consumed CBD before hitting the road?
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 why, we've got the answer right here!
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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 do we explain this to you? Because in the case of CBD and driving, case law is the law. In fact, no legal text expressly regulates CBD consumption and driving. But in this area, an initial verdict handed down by the French Supreme Court (Cour de cassation) in a ruling dated June 21, 2023 is the law.
What happened: a road user was arrested for speeding and tested positive for THC. He was given a suspended sentence of 2 months' imprisonment, suspended for 6 months and fined €50 for the speeding and positive saliva test.
The user is 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 having used a substance classified as a narcotic (THC), regardless of the dose absorbed.".
Clearly, the driver was convicted of THC consumption, because 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 is positive, there will be sanctions.
Precision on screening
Before coming back to this last statement, let's look at the details of roadside testing itself. According to Drogue Info Service, drug testing is mandatory in the event of an accident involving death or injury.
Screening is also possible, but not mandatory, in the following cases:
- when an accident causes material damage
- in the event of a traffic offence;
- when a police officer suspects drug use.
Unlike the alcohol test, which gives a more or less accurate indication of the level of alcohol in your blood, the THC test only tells you whether or not you've consumed THC. For the time being, there are no police tests in France that measure CBD levels.
What you need to know is that the THC test can be positive up to 12 hours after intake for regular CBD users. According to the Road Safety Scale, this can even be 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 use CBD regularly, there's always a chance you'll test positive and be punished for it.
No more CBD if I drive? What should I do if I'm tested?
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 Guillot, 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 request this at the police station. If this request is refused for any reason, don't hesitate to go to the first available laboratory to ask for a blood test that will attest to the level of THC and CBD in your blood.
You may also be asked for proof of your CBD consumption. For this reason, we strongly advise you to keep your CBD purchase orders or receipts, as well as the packaging.
Perspective: following the example of our European neighbors?
As we said at the beginning of this article, the issue of CBD behind the wheel comes up often. As Flavien Guillot points out, after a plea in a CBD-while-driving case,the testing method isn't suitable "people acting in good faith are punished, courts, lawyers and police departments waste 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.
Did you find this article useful? Don't hesitate to visit our blog to learn more about CBD and its world!
FAQ
Is it safe to drive after consuming CBD?
Driving after consuming CBD is not illegal per se, but it is strongly discouraged. Legal CBD products can contain up to 0.3% THC, which may be enough to trigger a positive saliva test and therefore a penalty. One solution is to opt for products guaranteed to be THC-free.
How long should you wait before driving after taking CBD?
There is no official timeframe guaranteeing a negative test. The THC contained in CBD products can remain detectable in saliva for up to 12 hours in regular users.
What are the risks if I test positive after consuming CBD?
Although in the case of CBD, prosecutions are usually dropped, you still risk the same penalty as for driving under the influence of cannabis: up to 2 years imprisonment, a €4,500 fine, and a loss of 6 points on your license.
