Understanding the Court of Cassation's June 21, 2023 Decision on Driving Under the Influence of THC and Its Derivatives

Summary of the Court of Cassation Decision

The Court of Cassation recently made an important ruling regarding driving under the influence of THC, the psychoactive compound found in cannabis and its derivatives such as CBD, HHC, H4CBD, and THCV.

This decision has significant implications for road safety and drug testing procedures. The court's ruling serves as a reference case for future legal proceedings related to driving under the influence.

In its decision, the Court of Cassation affirmed that individuals who drive vehicles under the influence of THC can be held criminally responsible regardless of how it was consumed. This means that drivers found with THC in their system may face legal consequences, just like those driving under the influence of alcohol or other drugs, even if they only consumed CBD, HHC, THCV, H4CBD, or any other derivative.

The court's decision recognizes the potential dangers posed by driving under the influence of THC and aims to protect public safety on the roads.

This follows the legal uncertainty that prevailed in recent years regarding drivers who tested positive for THC but could have their penalties overturned by proving consumption of one of its derivatives.

This is no longer the case since June 21, 2023.

 

Court of Cassation - Criminal Chamber - Public hearing of Wednesday, June 21, 2023:

 

Statement of the Grounds

 

• The grounds are based on the violation of Article L. 235-1 of the Highway Code.

 

• The grounds criticize the contested ruling for acquitting Mr. [J] of driving after drug use, on the basis that the toxicological report does not mention a tetrahydrocannabinol (THC) level, and that no investigation was conducted to determine whether the cannabidiol (CBD) the individual claimed to have consumed exceeded the allowed THC content, whereas Article L. 235-1 of the Highway Code criminalizes the mere act of driving after drug use, without reference to a drug dosage to be established during biological analyses of the offender’s saliva or blood sample. Indeed, the decree of December 13, 2016, in force at the time of the facts, which sets the procedures for detecting substances indicating drug use, and the analyses and examinations provided for by the Highway Code, mentions a detection threshold and not a threshold for criminalization. Furthermore, according to the provisions of Article L. 235-2 of the Highway Code, drug use can only be established by blood or saliva analyses, excluding any other verifications such as the search and dosage of tetrahydrocannabinol that may be contained in the CBD found during the offender’s roadside check and which may be the one he declared having consumed.

 

Court’s Response

 

In view of Article L. 235-1 of the Highway Code and Annex IV of the amended decree of February 22, 1990, taken for the application of Article L. 5132-7 of the Public Health Code:

 

• The first of these texts criminalizes the mere act of driving after drug use, this use being established by a blood or saliva analysis, regardless of whether the level of narcotic substances thus revealed is below the minimum threshold provided by the decree in force at the time of the facts, which sets the procedures for detecting substances indicating drug use, which is a detection threshold and not a threshold for criminalization.

 

• According to the second, tetrahydrocannabinol is a substance classified as a narcotic.

 

• To acquit Mr. [J] of the offense of driving after drug use, the contested ruling holds that, regarding the presence of cannabis in saliva, the toxicological report, which mentions it, does not specify a THC level, and furthermore, no investigation was conducted to determine whether the CBD consumed by the individual exceeded the allowed tetrahydrocannabinol content, set at less than 0.20% at the date of the facts.

 

• The judge concludes that from these elements and the defendant’s statements, neither the material element nor the intentional element of the offense is established with certainty.

 

• By ruling thus, while the authorization to market certain cannabis derivatives, whose content in delta 9 tetrahydrocannabinol, a substance itself classified as a narcotic by the aforementioned decree, does not exceed 0.30%, has no impact on the criminalization of driving after drug use, this offense being constituted if it is established that the defendant drove a vehicle after using a substance classified as a narcotic, regardless of the dose absorbed, the court of appeal misapplied the aforementioned texts.

 

The cassation is therefore warranted.

 

Scope and Consequence of the Cassation

 

12. The cassation will concern the provisions of the ruling that acquitted the defendant of the offense of driving after drug use and all penalties imposed, the declaration of guilt for the speeding offense, not challenged by the grounds, being maintained.

 

FOR THESE REASONS, the Court:

 

QUASHES and ANNULS the above-mentioned ruling of the Rouen Court of Appeal, dated September 5, 2022, but only in its provisions acquitting the defendant of the offense of driving after drug use and those relating to penalties, all other provisions being expressly maintained;

 

And so that the case may be judged again, in accordance with the law, within the limits of the cassation thus pronounced,

 

REFERS the case and the parties to the Rouen Court of Appeal, differently composed, to be designated by special deliberation taken in the council chamber;

 

ORDERS the printing of this ruling, its transcription in the registers of the Rouen Court of Appeal registry, and its mention in the margin or following the partially annulled ruling.

 

Impact on Road Safety

The decision of the Court of Cassation regarding driving under the influence of THC has important implications for road safety. With the increasing prevalence of cannabis use, it is crucial to address the potential risks associated with driving under the influence of THC. The decision highlights the importance of ensuring public safety and reducing the number of accidents caused by individuals driving under the influence. A key aspect this decision emphasizes is the need for effective drug testing products. As more countries and states legalize cannabis for medical or recreational purposes, law enforcement faces challenges in detecting and deterring impaired driving. The decision underscores the importance of reliable and accurate drug testing methods that can detect impairment by THC in drivers.

 

Legal and Practical Consequences

The Court of Cassation’s decision on driving under the influence of THC has significant legal and practical consequences. From a legal perspective, this decision sets a precedent for how cases involving impairment by THC will be handled in the future. It clarifies the responsibility of individuals who choose to drive a vehicle under the influence of THC, clearly indicating that this behavior is illegal and subject to criminal penalties.

This decision also has practical implications for law enforcement and drug testing companies. With the growing prevalence of THC impairment cases, it becomes imperative for authorities to have reliable and accurate drug testing products. The decision puts pressure on drug testing companies like TODA PHARMA to continue developing innovative solutions that can effectively detect THC in individuals who may drive vehicles or engage in other potentially dangerous activities.

The authorization to market certain derivatives of cannabis, whose content in delta 9 tetrahydrocannabinol, a substance itself classified as a narcotic, does not exceed 0.30%, has no impact on the criminalization of driving after drug use, this offense being constituted if it is established that the defendant drove a vehicle after using a substance classified as a narcotic, regardless of the dose absorbed.

In conclusion, the decision of the Court of Cassation regarding driving under the influence of THC has both legal and practical consequences. It sets a precedent for future cases involving impairment by THC, highlights the need for reliable drug testing products, and emphasizes the importance of road safety.

As we move forward, it is crucial for individuals to understand the seriousness of driving a vehicle under the influence of THC and for authorities to implement appropriate measures to ensure public safety on our roads.