Understand the decision of the Court of Cassation of June 21, 2023 on driving under the influence of THC and its derivatives

Summary of the Decision of the Court of Cassation

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

This decision has far-reaching implications for road safety and drug testing procedures. The court's decision serves as a benchmark case for future legal proceedings related to drunk driving.

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

The court's decision recognizes the potential dangers posed by THC- impaired driving and is intended to protect public safety on the roadways.

This follows the legal uncertainty that reigned in recent years regarding drivers who tested positive for THC but who, by providing proof of consumption of one of its derivatives, could see their sanctions canceled.

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

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

Statement of plea

• The argument is based on the violation of article L. 235-1 of the highway code.

• The plea criticizes the judgment under appeal in that it acquitted Mr. [J] of the charge of driving after using narcotics, on the grounds that the toxicological expertise does not mention tetrahydrocannabinol (THC) levels, and that it was not investigated if the cannabidiol (CBD) that the person concerned indicated having consumed exceeded the permitted THC content, whereas article L. 235-1 of the highway code criminalizes the mere act of driving after having use of narcotics, without reference to a dosage of narcotics to be established during biological analyzes of the offender's saliva or blood sample. In fact, the decree of December 13, 2016 in force at the time of the facts, which sets the conditions for the screening of substances indicating the use of narcotics, and the analyzes and examinations provided for by the highway code, mentions a detection threshold and not a threshold of incrimination. Furthermore, in accordance with the provisions of Article L. 235-2 of the Highway Code, the use of narcotics can only be established by means of blood or saliva analyzes to the exclusion of all other checks such as research and dosage of tetrahydrocannabinol that may be contained in the CBD found during the traffic stop of the offender and may be that which he declares to have consumed.

Response from the Court

Having regard to article L. 235-1 of the highway code and appendix 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 sole fact of driving after having used narcotics, this use being established by a blood or saliva analysis , it does not matter whether the level of narcotics thus revealed is lower than the minimum threshold provided for by the decree. , in force at the time of the facts, setting out the methods for screening substances indicating the use of narcotics, which is a threshold of detection and not a threshold of incrimination.

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

• To acquit Mr [J] of the offense of driving after using narcotics, the contested judgment notes that, with regard to the presence of cannabis in saliva, the toxicological expertise, which reports it, does not mention a rate of THC , and that in addition, no investigation was carried out to find out whether or not the CBD consumed by the person concerned exceeded the permitted content of tetrahydrocannabinol , set at less than 0.20% on the date of the facts.

• The judge concludes that it follows from these elements and the defendant's statements that neither the material element nor the intentional element of the offense has been established with certainty.

• By pronouncing this way, while the authorization to market certain cannabis derivatives , whose content of delta 9 tetrahydrocannabinol , a substance itself classified as a narcotic by the aforementioned decree, is not greater than 0.30%, is without impact on the criminalization of driving after using narcotics, this offense being constituted if it is established that the accused drove a vehicle after having used a substance classified as a narcotic, regardless of the dose absorbed, the court appeal disregarded the aforementioned texts.

Cassation is therefore incurred.

Scope and consequence of the cassation

12. The cassation will relate to the provisions of the judgment which acquitted the accused of the offense of driving after the use of narcotics and all the sentences imposed, the conviction for the offense of excessive speed, not criticized by the means, being maintained.

FOR THESE REASONS, the Court:

CANCELED and CANCELED, the above-mentioned judgment of the Rouen Court of Appeal, dated September 5, 2022, but only in its provisions having acquitted the defendant of the offense of driving after use of narcotics and those relating to the penalties, all other provisions being expressly maintained;

And so that he 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 Court of Appeal of Rouen, otherwise composed, to that designated by special deliberation taken in chambers of the council;

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

Impact on Road Safety

The decision of the Court of Cassation concerning 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 drunk driving due to THC consumption. The decision highlights the importance of ensuring public safety and reducing the number of accidents caused by individuals driving vehicles while intoxicated. A key aspect that this decision highlights is the need for effective drug testing products. As more countries and states legalize cannabis for medical or recreational use, law enforcement faces challenges in detecting and deterring drunk driving. The decision highlights the importance of reliable and accurate drug testing methods that can detect THC impairment in drivers.

Introduction to TODA PHARMA

TODA PHARMA is a renowned pharmaceutical company that has been operating for several decades in Strasbourg. Established in the early 1980s, the company has consistently strived to provide high-quality medicines and healthcare products to consumers around the world. With a strong emphasis on research and development, TODA PHARMA has become a major player in the pharmaceutical industry.

TODA PHARMA 's story is one of innovation and dedication to improving global health. From its humble beginnings as a small local pharmacy, the company quickly expanded its operations and ventured into pharmaceutical manufacturing. Over the years, TODA PHARMA has developed a diverse portfolio of drug tests that address various medical and occupational conditions.

One of the key areas of focus for TODA PHARMA has been drug testing products. The company recognized the growing need for reliable and accurate screening methods to detect drug impairment, particularly in relation to road safety or the professional world.

As a result, TODA PHARMA has invested significant resources in the development of advanced drug testing technologies.

TODA PHARMA 's commitment to road safety goes beyond the simple production of drug testing products. The company actively works with law enforcement and regulatory agencies to raise awareness of the dangers of driving under the influence of drugs, including THC. By participating in educational campaigns and supporting legislation to reduce driving under the influence of drugs, TODA PHARMA demonstrates its dedication to promoting safer roads for all.

Additionally, TODA PHARMA places great importance on adhering to strict quality control measures throughout its manufacturing processes. The company follows rigorous guidelines established by regulatory authorities to ensure that their products meet the highest standards for safety and effectiveness. This commitment to quality underlines TODA PHARMA 's reputation as a trusted supplier of pharmaceutical products.

 

 

TODA PHARMA , an important player in the pharmaceutical industry, plays a crucial role in this context. Understanding the history of TODA PHARMA provides insight into their expertise in developing drug testing products that meet strict quality standards. Their commitment to research and innovation ensures that law enforcement has access to reliable tools to identify individuals who drive under the influence.

Additionally, this decision serves as a warning to policymakers and stakeholders involved in road safety initiatives. It highlights the importance of implementing comprehensive strategies to effectively address drunk driving due to THC consumption. This includes educating the public about the risks associated with driving under the influence, establishing stricter regulations, and investing in prevention programs.

By prioritizing road safety and addressing issues related to drunk driving, we can work to create safer roads for everyone. The Court of Cassation 's decision on driving under the influence of THC serves as a reminder that no substance should impair an individual's ability to operate a vehicle safely. Through continued efforts in research, legislation and education, we can make significant progress in reducing crashes caused by drunk drivers.

Legal and Practical Consequences

The decision of the Court of Cassation on driving under the influence of THC has important legal and practical consequences. From a legal perspective, this decision sets a precedent for how cases involving THC impairment will be handled in the future. It clarifies the liability of individuals who choose to drive a vehicle while under the influence of THC, making it clear 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 increasing 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 be driving vehicles or engaging in other potentially dangerous activities.

The authorization to market certain cannabis derivatives, whose content of delta 9 tetrahydrocannabinol , a substance itself classified as a narcotic, is not greater than 0.30%, has no impact on the criminalization of driving after use of narcotics. , this offense being committed if it is established that the accused drove a vehicle after having used 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 THC impairment, highlights the need for reliable drug testing products, and highlights the importance of road safety. As we move forward, it is crucial for individuals to understand the seriousness of operating a vehicle under the influence of THC and for authorities to implement appropriate measures to ensure public safety on our roadways.