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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?
It's a legitimate question, since CBD is legal and has no psychoactive effects, but you can lose your license if you consume CBD before driving. The penalty is the same as for driving under the influence of THC: 2 years' imprisonment, a 4,500-euro fine and loss of 6 points on your driving license.
So we asked ourselves, why? If you're wondering why, we've got the answer right here!
As you may know, the law sometimes deals with cases that are not defined by statute. In such cases, we refer to a court decision handed down in a similar case. This decision serves as an example, and is known as jurisprudence.
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 test.
The user is appealing the charge of driving under the influence of drugs, as he claims he only consumed CBD. The verdict was reviewed on appeal, on the grounds that the toxicological expertise did not mention the THC level, "implying that at low levels in the blood, the consumer is not in breach of the law, 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.
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:
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.
Under current legislation, all forms of CBD, whether in e-liquid, infusion or candy, 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.
In reality, there's always a chance that a positive test will result in sanctions, but in most cases involving CBD users, the charges are dropped. Nevertheless, as Maître Flavien Guillot, a lawyer at the Alençon bar, points out, if you test positive even though you only consume CBD, you'll 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.
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 bargain in a CBD-while-driving case, the testing method is unsuitable: people acting in good faith are punished, and the courts, lawyers and police are wasting their time.
On January 12, 2023, former Senator Yves Détraigne of the Marne department asked the French Minister of the Interior to take action on this issue: "In Belgium and Germany, police officers are equipped with devices that enable them to collect a precise quantity of saliva and store it so that laboratories can determine the concentration of THC and CBD in the body. Considering that current legislation does not prohibit driving and consuming CBD, he asks whether he intends to change the saliva collection methods used by law enforcement officers so as not to convict people acting in good faith."
This would indeed be a good solution to dissociate consumers of a legal product that presents no more danger on the road than a consumer who is breaking the law.
Did you find this article useful? Don't hesitate to visit our blog to learn more about CBD and its world!
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