Cannabidiol, more commonly known as CBD, is a substance derived from cannabis, and its popularity continues to grow. Unlike THC, CBD has no psychoactive effects and is legal in many countries. However, this legality can raise questions regarding driving, particularly the possibility of losing one’s driver’s license after consuming CBD. In this article, we will address the various facets of this issue, based on French legislation. Regulations Surrounding CBDBefore examining the impact of CBD on driver’s licenses, it is essential to understand the regulations surrounding this substance. In France, the sale and consumption of CBD have been authorized since 2018, but under certain conditions:
The THC level must be less than 0.2%.
Products containing CBD must not be intended for smoking.
- Only the seeds and fibers of the cannabis plant can be used to produce CBD. As a result, various CBD-based products are now available on the French market, such as oils, creams, food supplements, and e-liquids for electronic cigarettes.
- CBD and driving: what does the law say?
- Regarding driving, French law is clear: it is illegal to drive under the influence of a substance or plant classified as a narcotic. Cannabis is obviously on this list, and roadside checks may therefore include screenings to check for the presence of THC in a driver.
The saliva test
The main tool used during roadside checks to detect the presence of narcotics such as cannabis is the
saliva test
This test detects the presence of THC in the driver’s body in just a few minutes. If the test is positive, the driver may be required to undergo a blood test to confirm the results. They are then liable to criminal penalties: Suspension or cancellation of their driver’s license.Immobilization of their vehicle.
- A fine of up to €4,500.
- A prison sentence of up to two years.
- CBD: A risk of false positives?
- As mentioned previously, CBD is not considered a narcotic since it contains little to no THC, according to French regulations. Therefore, consuming CBD should theoretically not cause any problems during a roadside check. However, some users have reported cases of false positives in saliva tests following CBD consumption.
Scientifically, it is unlikely that CBD itself would cause a false positive in a saliva test. However, factors such as product quality or handling errors can cause such a result. Furthermore, CBD products authorized in France contain a low level of THC (less than 0.2%), which could lead to a positive test in some cases.
How to avoid problems? To minimize the risk of losing your driver’s license after consuming CBD, here are a few tips:
Check the quality of the CBD product: Make sure that the product you consume complies with current legal standards, particularly regarding THC content. Choose certified shops and brands.
Avoid mixing CBD and alcohol: Combining these two substances can cause adverse effects on driving and increase the risk of an accident.
Limit your CBD consumption before driving.
- Even though CBD does not have psychotropic effects, it is best to be cautious and limit your consumption just before driving.
- Consult a healthcare professional: If in doubt, or if you are taking medication, do not hesitate to consult your doctor to ensure that consuming CBD does not pose any risks for you.
- Upcoming developments
- In June 2021,
the French Court of Cassation issued a ruling that could change the game regarding saliva tests and CBD. The Court ruled that a saliva test positive for THC is not sufficient to prove drug use in criminal matters. This decision was made in the context of a case where a driver tested positive after consuming CBD. Therefore, it is possible that this decision will influence the use of saliva tests during roadside checks. In conclusion,
as long as CBD products comply with French legal standards,
their consumption should not lead to penalties for driving under the influence of drugs. However, it is important to remain cautious and be aware of the legal limits regarding the permitted THC levels in CBD products to avoid any potential issues related to your driving license. Also, stay informed about legislative and regulatory developments on this subject in the coming months and years.
