Driving and CBD in France: A Legal and Medical Perspective on a Complex Issue

The issue of driving under the influence of CBD (Cannabidiol) in France was recently highlighted by a ruling of the Cour de cassation in June 2023. This topic, previously surrounded by legal uncertainty, deserves special attention.

In this article, we will explore the effects of CBD on driving, the risks of positive results during roadside tests, and the legal penalties involved. We will also discuss the implications of this ruling for drivers and health professionals.

The effects of CBD on driving: Between sedation and drowsiness

The Medical Perspective

According to Me Erika Thiel, a lawyer at the Paris bar specializing in criminal law and traffic law, the effects of CBD on driving are still under study. However, evidence suggests that CBD can have neurological and psychoactive effects. Among these, sedation, drowsiness, and an anticonvulsant effect are the most notable.

These effects can impair several aspects of driving, including:

- Increased fatigue: Sedation and drowsiness can make the driver less alert, which is dangerous while driving.

- Reduced concentration: CBD can affect the driver’s ability to focus on the road, increasing the risk of accidents.

- Dizziness: CBD can cause dizziness, which can be particularly dangerous when driving at high speeds or in adverse weather conditions.

 

The Legal Perspective

 
Me Adrien Pujol, a lawyer specializing in criminal and traffic law at the Rennes bar, highlights a major issue: even though CBD is legal in France in low doses (less than 0.3% THC), the substance can be detected by a saliva test or blood test.

Several cases have been reported where people tested positive for the use of substances or plants classified as narcotics after saliva tests, despite exclusive consumption of CBD. The same applies to other cannabis derivatives such as HHC, H4CBD, THCP, etc.

 

Sanctions and legal consequences: What the law says

The ruling of the Cour de cassation in June 2023 ended the legal uncertainty surrounding driving under the influence of CBD. If traces of THC are found during a screening, an offense is now established.

Sanctions can be severe and multiple:

- License retention: Immediate for a duration of 120 hours.

- License suspension: Generally for six months.

- Legal prosecution: For driving after using narcotic substances.

- Point deduction: Six points are deducted from the driver’s license upon conviction.

- Prison sentences and fines: Depending on the severity of the offense, prison sentences and fines may also be applied.

 

Other cannabis derivatives and driving

It is not only CBD that poses a problem. Other cannabis derivatives, such as THC, THCV, and HHC, can also affect driving. According to Road Safety, every year, 700 people are killed on the roads in accidents involving a driver who consumed drugs, representing 21% of road fatalities. The effects of cannabis on driving can vary greatly from one user to another and can last several hours after consumption. Cannabis significantly affects perception-related functions and psychomotor skills, which are necessary for driving.

Positive saliva tests after consumption of cannabis derivatives

One of the major issues related to the consumption of CBD and other cannabis derivatives such as THC, THCV, and HHC is the possibility of positive saliva tests. Me Adrien Pujol notes that even if CBD is legal in France in low doses, the substance can be detected by a saliva or blood test. Several cases have been reported where people tested positive for the use of substances or plants classified as narcotics after saliva tests, despite exclusive consumption of CBD or other derivatives. It is therefore crucial to understand that even if you consume legal products, you can still face sanctions if you test positive during a roadside check.

Conclusion

Driving under the influence of CBD in France is a complex subject that deserves special attention. With the recent legal clarification provided by the Cour de cassation, it is now clear that severe legal consequences can result from driving after consuming CBD or other cannabis derivatives. It is therefore crucial for every driver to understand these risks and take the necessary measures to avoid driving under the influence of this substance.

💡 Practical information on screening

During a roadside check, the gendarmerie saliva test is commonly used to detect the presence of drugs. Many wonder how long the gendarmerie saliva drug test remains positive: it depends on metabolism, but THC remains detectable for several hours to a few days. The gendarmerie saliva THC test (or THC saliva test gendarmerie) specifically targets recent cannabis consumption.

For prevention at home or in the workplace, performing a THC saliva test (also called THC saliva test) is an excellent approach. If you are looking to equip yourself, you may wonder where to buy a gendarmerie saliva test equivalent? Although it can sometimes be difficult to find a THC saliva test pharmacy, you can order our professional devices directly online.