Driving and CBD in France: Legal and medical insight into a complex subject
The issue of driving under the influence of CBD (Cannabidiol) in France was recently highlighted by a ruling by the Court of Cassation in June 2023. This subject, previously surrounded by legal uncertainty, deserves special attention.
In this article, we will explore the effects of CBD on driving, the risks of testing positive on roadside tests, and the legal penalties involved. We will also discuss the implications of this ruling for drivers and healthcare professionals.
The effects of CBD on driving: Between sedation and drowsiness
The Medical Point of View
According to Me Erika Thiel, a lawyer at the Paris bar specializing in criminal law and road traffic law, the effects of CBD on driving are still being studied. However, there is evidence that CBD may have neurological and psychoactive effects. Among them, 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 when driving.
- Decreased concentration : CBD can affect a driver's ability to concentrate on the road, increasing the risk of an accident.
- Dizziness : CBD can cause dizziness, which can be especially dangerous when driving at high speeds or in adverse weather conditions.
The Legal Point of View
Me Adrien Pujol, a criminal and road traffic lawyer at the Rennes bar, highlights a major problem: even if CBD is legal in France in low doses (less than 0.3% THC ), the substance can be detected by a saliva test or a blood test.
Several cases have been recorded where people have tested positive for the use of substances or plants classified as narcotics after saliva tests, despite exclusive consumption of CBD . The same goes for other cannabis derivatives such as HHC , H4CBD , THCP , etc.
Sanctions and Legal Consequences: What the Law Says
The Court of Cassation's ruling in June 2023 put an end to the legal uncertainty surrounding driving under the influence of CBD . If traces of THC are found during a screening, an offence is now constituted.
The sanctions can be severe and multiple:
- Driving license retention : Immediate for a period of 120 hours.
- Suspension of driving license : Generally for a period of six months.
- Legal proceedings : For driving after using narcotics.
- Points deduction : Six points are deducted from the driving license in the event of a conviction.
- Prison sentences and fines : Depending on the seriousness of the offense, prison sentences and fines may also be applied.
Other cannabis derivatives and driving
It’s not just CBD that’s problematic. Other cannabis derivatives, such as THC , THCV , and HHC , can also affect driving. According to the Road Safety Authority, 700 people are killed on the roads each year in accidents involving a driver who has consumed drugs, or 21% of road deaths. The effects of cannabis on driving can vary greatly from one user to another and can last for several hours after consumption. Cannabis greatly affects functions related to perception and psychomotor functions, which are necessary for driving.
Positive saliva tests after consumption of cannabis derivatives
One of the major problems with 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 test or a blood test. Several cases have been recorded where people have 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 be subject to sanctions if you test positive during a road test.
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 Court of Cassation , it is now clear that severe legal consequences can arise from driving after consuming CBD or other cannabis derivatives. It is therefore crucial for any driver to understand these risks and take the necessary steps to avoid driving under the influence of this substance.
