Can you drive after consuming CBD in France?
The article therefore explores the dynamics between CBD consumption and the implications of driving a vehicle while potentially under the influence of this substance. It will highlight the new legal developments and case law regarding driving after taking CBD in France, as well as the preventive measures that CBD consumers can take to avoid finding themselves in problematic situations. In addition, practical advice will be offered to navigate the complex legal framework surrounding cannabidiol consumption and driving, including how the quantity consumed can influence driving abilities and drug screening results. This overview will serve to guide CBD consumers and road safety professionals to better understand the issues surrounding driving under CBD and the measures to be adopted to maintain the safety of all on the road.
The link between CBD and THC
Differences and similarities
THC (Delta-9-Tetrahydrocannabinol) and CBD (Cannabidiol) are both cannabinoids from the cannabis plant, but they have different chemical structures and effects on the body. THC is primarily known for its psychotropic effects, causing euphoria and altered perception, which can lead to addiction and negative effects on memory and concentration. 1. Unlike THC, CBD does not cause a euphoric or "high" effect, but it does have psychoactive effects that can influence the brain, mainly through its calming properties. 1 2 .
Although CBD is often perceived as non-addictive and safe, it can contain trace amounts of THC depending on the purification of the product. This can be problematic because even low concentrations of THC (<0.3%) can be detected in drug tests. 3 4 .
Impact on driving abilities
The impact of THC on driving ability is well documented; it can significantly reduce alertness, concentration and immediate memory, thereby increasing the risk of accidents. 1. The effects of CBD, on the other hand, are generally considered less inhibitory, promoting relaxation without significantly impairing cognitive abilities. However, the presence of THC in CBD products can cause effects similar to those of THC, including drowsiness and decreased alertness. 1 4 .
In France, the law is strict regarding driving under the influence of narcotics, and this includes THC. Drivers should be aware that even legal CBD consumption could make them susceptible to testing positive for THC during a roadside check, leading to severe penalties such as fines or even imprisonment. 3 4 .
It is therefore crucial for CBD consumers to check the purity and composition of the products they use and to know the risks associated with their consumption before making the decision to drive.
Legal developments and case law
Notable cases
One particularly notable case was that of a driver who tested positive for THC, despite claiming to have only consumed CBD products. Subsequent analysis revealed that the consumed product contained traces of THC above the legal limit. This case highlighted the importance of certification of CBD products and transparency from manufacturers regarding their composition. It also highlighted the need for consumers to scrupulously check the provenance and certifications of CBD products to avoid legal complications when driving.
CBD and driving: Firm position of the Court of Cassation
On June 21, 2023, a ruling 11 of the Rouen Court of Appeal was overturned by the Criminal Division of the Court of Cassation. Although the latter did not question the legality of the sale of CBD, it emphasized that the presence of traces of narcotics following its consumption makes it incompatible with driving. This position could seem regrettable, especially considering that previous decisions by high courts have not classified CBD as a narcotic. Currently, CBD users run an increased risk of prosecution for driving under the influence of narcotics, with severe penalties and the potential loss of six points on their driving license. This situation occurs despite scientific evidence indicating that these drivers are not actually under the influence of narcotics. Some optimists could see this ruling as a signal to the legislator to revisit an obsolete legislative framework concerning narcotics, although history shows that changes to the Highway Code are rarely in favor of drivers.
Developments in CBD case law and conduct in 2024
In December 2023, the Court of Cassation reiterated its position, although not all jurisdictions followed its example. Our firm has successfully obtained the acquittal of several clients by highlighting their good faith. A notable case is that of a motorcyclist before the Criminal Court of Caen, who was unaware of the position of the Court of Cassation during his road check. Having stopped consuming CBD products, he thought his case was hopeless until his acquittal by the court on January 29, 2024. Since the beginning of the year, several jurisdictions have recognized that drivers using CBD products, not considered narcotics by case law, never intended to break the law. The evolution of case law on CBD while driving is far from over, and it is possible that the positions of the criminal courts will soon be called into question by the potentially divergent positions of the administrative courts. 12 .
Recent decisions
Recently, the court has ruled on several cases where CBD consumption has been questioned in the context of driving. These decisions highlight a growing awareness of the legal nuances surrounding CBD and its distinction from THC. For example, in some cases, it has been determined that the presence of CBD alone, without THC, does not warrant the same penalties (no penalties, because CBD is not listed in the register of prohibited products) as those applied for driving under the influence of narcotics. These judgments may positively influence the perception of CBD by consumers and authorities.
Preventive measures for CBD consumers
Choosing the right products
It is essential for CBD consumers to select products that are certified as THC-free by laboratory testing. Products such as CBD isolate oils, capsules or gummies, as well as CBG flowers and extracts, are generally THC-free or contain trace amounts that comply with current regulations. 5. CBD isolate, representing the purest form of cannabidiol, is free of any trace of THC, which guarantees a total absence of psychotropic effects and optimal safety for driving. 5 .
Cannabidiol products can be found in different forms, here are the main ones:
- In the form of CBD flower: These flowers are often sold to be smoked. Even if the THC level does not exceed 0.3% (if purchased legally in France), THC is still present.
- In the form of sublingual CBD oil : These oils are mostly THC-free. They are often made using a cannabidiol isolate that only contains CBD. So there is no risk in the event of an inspection. Find our THC-free oils here -> THC-FREE CBD OILS
- In the form of CBD herbal tea to infuse: With this product, there is no risk either, the infused flowers do contain THC but in their acid form (THCa). This will not have ended up in your body in the event of a blood test.
- In the form of CBD gummies (candies): Same as for oils, these gummies are made with isolate, so there is no risk in the event of an inspection.
As you might have guessed, not all forms are equal. Some contain THC while others do not. If you have to drive again within 24 hours, choose forms without THC in order to pass a potential police check without any problems.
Obviously, a product containing THC will necessarily be more effective than its counterpart without it, thanks to the entourage effect as well as the effect of THC itself. Don't play with fire and keep these products for weekends at home.
Wait before driving
CBD consumers should consider the time it takes for the effects of CBD to wear off before driving. It is recommended to wait at least 6 hours or overnight after consumption to avoid the risk of impaired driving. This is crucial because even small amounts of THC in some CBD products can be detected on drug tests and can lead to severe legal consequences. 6. Health professionals advise waiting 6 to 7 hours before driving to allow the effects of CBD to fully dissipate. 7 .
Special cases and practical advice
Regular consumers
For regular CBD consumers, it is crucial to understand the legal implications of the presence of THC, even in trace amounts, in the products consumed. In the event of a positive saliva test, it is recommended to request a blood test to confirm the THC level, which could influence the judicial decision in the event of driving under the influence 8. It is also suggested to keep proof of purchase of CBD products, paid by credit card or bank transfer, to attest to the legality of consumption in the event of a dispute. 9. Proof of purchase and proof of testing by certified laboratories can be crucial in establishing the legitimacy of consumption and avoiding severe sanctions. 10 .
Conclusion
In this article, we explored the complexities and legal nuances of driving under the influence of CBD, highlighting the crucial distinction between CBD and THC, as well as the importance of choosing pure CBD products. It is essential for consumers and drivers to understand that while CBD is legal and widely considered safe, the presence of THC, even in small amounts, can have legal consequences and affect driving ability. Caution and knowledge of the products consumed are therefore essential to safely navigate the legal framework surrounding driving under the influence of CBD.
To ensure this information remains valid and relevant, we encourage consumers to actively seek out certified, THC-free products to avoid potential risks while driving. Individual responsibility and vigilance are essential to maintaining a balance between the benefits of CBD and road safety. For those looking to source safe and reliable CBD products, feel free to visit the Hempia website . Taking an informed approach will allow you to enjoy the benefits of CBD while respecting the laws and the safety of everyone on the road.
FAQs
Can you drive after consuming CBD?
It is recommended not to drive after consuming CBD, especially in large quantities, as it can cause drowsiness that impairs driving abilities. For maximum safety, it is advisable to wait between six and seven hours before getting behind the wheel.
How do law enforcement detect the presence of CBD?
Current tests do not directly detect CBD. Instead, they look for the presence of THC. Urine tests, being more sensitive, can detect THC several days after consumption, unlike saliva tests.
Can a drug test be positive if I consume CBD?
In France, consuming CBD that does not contain THC does not result in a positive test. However, if the product contains even a small amount of THC, such as 0.02%, it can lead to a positive result.
How can we prove that we are consuming CBD and not THC?
Saliva tests designed to detect THC can sometimes react to the very small amounts of THC present in some CBD products. Therefore, even when consuming CBD legally, it is theoretically possible to test positive.
References
[1] - https://gaeconseil.fr/cbd-et-thc-cest-quoi-la-difference/
[2] - https://www.drogues.gouv.fr/le-cbd
[3] - https://uweed.fr/blog/cbd-conduite-police-et-controle-routier/
[4] - https://legrossisteducbd.fr/effects-cbd/conduit-sous-linfluence-cbd/
[5] - https://cbdbicyclette.fr/pages/produits-cbd-sur-avant-conduite
[6] - https://lelabshop.fr/blog/sante/cbd-et-conduite-faut-il-prendre-le-volant/
[7] - https://www.ornikar.com/code/cours/conducteur/effects-drogue-alcool/cbd-permis
[8] - https://www.avocat-castelbou.com/permis-de-conduit----consommer-du-cbd-ou-conduit--il-faut-choisir---_ad157.html
[9] - https://lecannabiste.com/cbd-au-volant-que-faire-en-cas-de-controle/
[10] - https://canebiera.com/fr/actu/article/cbd-au-volant
[11] - https://www.courdecassation.fr/decision/6492974417c95e05dbf9ded3
[12] - https://www.legifrance.gouv.fr/ceta/id/CETATEXT000049592181
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