The French Court of Cassation recently ruled on the issue of CBD consumption while driving, finding that the presence of traces of THC in the body constitutes an offense. This decision raises several questions and is causing concern among CBD users, whose legality in France is nevertheless guaranteed under certain conditions. The legal context surrounding CBD in France
Cannabidiol (CBD) is a molecule derived from cannabis, with recognized relaxing and therapeutic effects, but without the psychoactive properties of tetrahydrocannabinol (THC). In France, the sale and consumption of CBD are permitted provided that the product does not contain more than 0.3% THC.
However, this legislation now seems to clash with the realities of driving. A controversial ruling by the Court of Cassation In a ruling issued last Wednesday,
the Court of Cassation held that a driver is guilty of driving under the influence of drugs if traces of THC are found in their system,
regardless of the origin of these traces (CBD or traditional cannabis). Thus, the consumption of CBD could be subject to criminal penalties when driving, even if it is legal in itself.
- An offense punishable by two years’ imprisonment : The presence of THC in a driver’s system can now lead to a sentence of two years’ imprisonment, as well as a fine and the suspension of their driver’s license.
- A 12-point deduction for driving under the influence of drugs
: The Minister of the Interior, Gérald Darmanin, wants to generalize a 12-point deduction from the driver’s license for drivers who test positive for drugs.
The implications of this legal decision
Road safety, a national priority
Every year, nearly 600 people die on French roads in accidents involving drivers under the influence of drugs. Nighttime accidents and those occurring on weekends are particularly affected. Faced with these alarming figures, the government must react and take preventative measures to ensure everyone’s safety on the road.
CBD Consumers Concerned
This decision by the Court of Cassation has nevertheless raised questions and concerns among CBD consumers, who now face criminal penalties if stopped by the police. Some believe this measure is disproportionate and fails to take into account the differences between CBD and psychoactive cannabis.
Areas for Improvement for Better Regulation
More Precise Tests to Differentiate THC and CBD To better regulate CBD consumption while driving, it would be necessary to develop saliva tests capable of distinguishing traces of THC from CBD from those found in traditional cannabis. This distinction would allow for the prosecution of only drivers who have consumed illegal and/or dangerous products.
A public awareness campaign on the risks of using CBD while driving
It is also crucial to inform and educate CBD users about the potential risks associated with driving. A national prevention campaign could be implemented to remind people of the dangers of driving under the influence of drugs and the resulting legal consequences.
In conclusion,the Court of Cassation’s decision regarding the offense of using CBD while driving raises several questions about the consistency of French legislation on this subject.
- Alternatives and improvements should be considered to ensure road safety while respecting the rights of legal CBD users.
- Sources
- https://www.tf1info.fr/meteo/intemperies-orages-violents-un-homme-tue-par-la-foudre-foudroye-en-haute-savoie-2261367.html
- https://www.leparisien.fr/societe/peut-on-fumer-du-cbd-au-volant-pour-la-cour-de-cassation-cest-non-22-06-2023-XZ7M5C25BJHYXGSMR3KCX52RDE.php
