Conduite sous l'emprise de stupéfiants : la présence de THC, même issue de la consommation de CBD, est désormais répréhensible

Driving under the influence of drugs: the presence of THC, even from the consumption of CBD, is now reprehensible

The Court of Cassation recently handed down an important judgment regarding driving under the influence of drugs. According to this decision, a driver can be found guilty of this offense if traces of THC are detected in their body, regardless of whether they come from taking CBD .

We will regret the position of the Court of Cassation which could have taken into account the case law of the highest courts which did not consider CBD to be a narcotic product.

Today for CBD consumers, the risk of conviction for driving after drug use is increased with heavy penalties and the loss of 6 points on the driving license when science has clearly been able to demonstrate that these drivers were not under the influence of a narcotic product. The most optimistic observers will perhaps see in this judgment a call from the Court of Cassation to the legislator to review a legal framework that is now inappropriate in matters of narcotics. But history has amply demonstrated that when it comes to the Highway Code, the legislator is hardly conciliatory with drivers...

This legal clarification has significant repercussions on drivers in France. In this article, we will explore the details of this shutdown and the consequences for drivers.

Saliva drug test

The decision of the Court of Cassation:

The Court of Cassation overturned a previous decision of the Rouen Court of Appeal, which had acquitted a defendant citing his consumption of CBD . The Supreme Court ruled that the offense of driving under the influence of drugs is constituted when it is established that the driver used a substance classified as a narcotic, in this case THC , regardless of the quantity absorbed.

The impact on road legislation:

This decision was taken to clarify the legislation and to signify that the free marketing of products containing THC does not impact road safety laws. Thus, the presence of THC , even from the consumption of legal CBD , is now reprehensible.

Difference between cannabis and CBD:

It is important to distinguish traditional cannabis from CBD . The main difference lies in the content of THC , the psychoactive molecule. In France, the threshold not to be exceeded is 0.3% THC for CBD -based products.

Sanctions and consequences:

It is crucial to remember that the use of substances or plants classified as narcotics is punishable by two years of imprisonment and a fine of 4,500 euros. If convicted, the driver is also subject to a loss of six points on their driving license, which may result in suspension or cancellation of the license.

The decision of the Court of Cassation concerning driving under the influence of narcotics and the presence of THC , even from the consumption of CBD , has significant repercussions on drivers in France. It is essential to understand that legal sanctions are strict and that it is everyone's responsibility to respect the laws in force. Be informed and aware of the consequences of consuming substances classified as narcotics when you drive. Road safety is everyone’s business.

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