CBD and Driving: What You Need to Know!
Often confused with cannabis or marijuana, CBD doesn't always have a good reputation. What a shame!
This compound derived from the hemp plant is full of benefits and does not trigger the "high" effect. THC, on the other hand, does! At a significant level, of course, in France, the legal limit must not exceed 0.3%.
So, it's not a narcotic, but the question of its consumption while driving remains unclear. In what cases can you drive if you have taken CBD?
Is there a maximum authorized CBD level for driving? And above all: do I risk losing points, having my license revoked, or getting a fine?
We will try to clarify the different aspects of legislation and practices concerning CBD and driving.
What CBD level is tolerated when driving?
Legality in France regarding CBD
The sale and consumption of CBD products have been authorized in France since 2018. Some rules must be respected: cultivated hemp plants are regulated. They must naturally contain a very low THC level (<0.3%). The plants used to make CBD products are thus naturally low in THC, the psychoactive substance in cannabis.
So you can buy and consume CBD products legally in France!
Commercialization and legal conditions
Farmers, producers, and distributors of CBD are subject to strict conditions in order to be able to produce and sell their products.
- Farmers are authorized to cultivate only varieties listed in the European catalogue of agricultural plant species, with a THC content equal to or less than 0.3%. The cultivated seeds, or rather here, propagating material, must therefore be certified.
- The THC level in all products must be less than 0.3%.
Regulations on CBD consumption while driving in 2024
There is no cannabidiol level to adhere to when driving. In fact, it's the THC level that is detected. And there, it's zero tolerance!
Since June 21, 2023, it is strictly forbidden to drive after consuming THC. The tests performed will therefore identify and indicate the level of THC present in the blood at the time of the offense or control.
THC can be found in the blood as well as in saliva.
Legislation around driving under the influence of psychotropic substances
Legal implications of driving under the influence of CBD
As we have just seen, there are no legal implications regarding the use of CBD while driving. It is the THC level that will be controlled (and other narcotics). Let's be clear right away: no narcotics are tolerated!
Remember: CBD yes, THC no. Simple, basic.
If you need to drive and you need CBD, here's the solution: broad-spectrum oil, it's THC-free. So you'll be fine for any checks. However, be careful of possible drowsiness effects with CBD.
The effects of THC and CBD on driving
Unlike THC, CBD is not a psychoactive substance. It therefore does not cause significant impairment of faculties.
In Le Petit Livre du CBD, Nicolas Autier talks about an Australian study on the effects of CBD on driving.
The experiment was carried out on people who had inhaled CBD flowers by vaporizer. In one case, the flowers were rich in CBD, in the other rich in THC.
The observed individuals were placed in a simulated driving situation 40 to 100 minutes after vaporization. In the first case, i.e., after inhaling CBD-rich flowers, no impairment in driving was observed.
In the second case, the car noticeably deviated from its initial (straight) trajectory. Another comparison was made between people who had consumed CBD flowers by vaporization vs. a placebo without CBD. No difference was noted.
However, it is important to reiterate here one of the side effects (or expected effects) of CBD: drowsiness! It is therefore essential to be very vigilant and to know your optimal CBD usage and dosage before getting behind the wheel.
To remember: no driving impairment with CBD products. Be careful about the presence of added chemical molecules or THC.
CBD screening tests
The different CBD screening tests
Law enforcement mainly uses saliva tests for quick checks. These can detect the presence of THC (and other psychoactive substances) without being able to quantify it.
That's why, if you consume full-spectrum products or CBD flowers, you will test positive. Even if the THC level is below 0.3%.
Article L.235-1 of the Highway Code does not provide for an impregnation threshold to characterize the offense of driving after using narcotics; therefore, the mere detection of a trace of THC in a driver's body is sufficient to establish the offense.
There are also blood tests for drug screening. The saliva test is the first one performed. The blood test can be done later, in an appropriate medical facility.
Beware of THC COOH! THC is converted into THC COOH in our body. This molecule remains in our body for up to 72 hours after inhaling a CBD product containing THC. So, even if the consumed THC is in a very small quantity, THC COOH will be present in our body.
This is what the tests will detect. It is impossible for the tests to know if the amount of THC absorbed initially comes from a legal product or not! Hence the zero tolerance.
For the record, the Rennes Court of Appeal definitively acquitted a CBD flower consumer in late March 2024 who had tested positive while driving and been convicted at first instance.
A positive test during a roadside check resulted in a 6-month license suspension! This acquittal offers hope for CBD producers and especially consumers. So things are moving on the judicial front!
Legal thresholds and consequences in case of exceeding
As mentioned previously, there is no CBD limit for drivers. For THC, identified as a narcotic, there is no legal threshold, or rather, the threshold is 0!
If you test positive for THC, it's an automatic 6-point deduction. A highly deterrent basic penalty!
Depending on the situation, the penalties incurred can be much more severe. Prison sentences and severe fines can be imposed in case of involvement in an accident, hit-and-run, or consumption of other substances such as alcohol.
Examples of fines: €4500 (this is the smallest), in case of hit-and-run, it goes up to €100,000!
In conclusion, what precautions should be taken?
If you need to drive, prefer broad-spectrum CBD oils, which are THC-free.
Secondly, as noted earlier, the origin of the THC detected in tests cannot be justified (for now in France!). Also, if you have consumed CBD with a THC level >0.3%, keep your purchase receipts.
If you test positive on the saliva test, request a blood test to supplement it. The decision of the Driving License Commission depends on the interpretation of the analyses by medical professionals. It's up to you to provide all necessary evidence of your legal consumption.
If you are following a CBD treatment to improve your health or well-being, and you are accompanied by a healthcare professional, provide your prescriptions and/or ask your doctor for a certificate!
