Driving under CBD: beware of fines

News of the 05/04/2024

Although CBD is available over the counter in France, its consumption before getting behind the wheel can pose a problem with regard to the Highway Code . Let us first remember that CBD (cannabidiol) is a cannabinoid substance present in the hemp plant, but which is not classified as a narcotic, with less than 0.2% THC .

However, despite this non-classification, drivers who have consumed CBD face convictions. Why this paradox? The Highway Code does not punish driving under the influence of drugs, but driving after using such products. Simple traces in the body, even without consequences on the ability to drive, are sufficient to characterize the offense.

Since December 2016, the tedious blood sample to analyze traces of narcotics has been replaced by a simple saliva test during checks. This deprives the controllers of the trace rate, the only way to determine the legal sanction based on the influence or not of the narcotic product on the driver.

If driving after consuming CBD is not illegal in itself, it is different if traces of THC are detected in the body of the person behind the wheel! For CBD consumers, the drug screening test during a roadside check is therefore synonymous with Russian roulette, because no study specifies after how long one is no longer positive. In the event of a positive test, do not hesitate to request a second opinion following a blood sample!

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