There’s been a lot of talk lately about CBD users who have had their driver’s licenses revoked after testing positive during a police traffic stop. More and more of you are asking questions about CBD, driving, and saliva tests. So here’s a summary of everything you need to know before hitting the road.
Can I drive after taking CBD?
That’s pretty much the question everyone’s asking. Legally speaking, yes, because CBD is legal as long as it contains less than 0.3% THC. But according to the law, there’s also a zero-tolerance policy for driving… It’s enough to drive you crazy!
So, what does that mean? In practical terms, you can drive after using CBD,but there are certain precautions you should take. First of all, products like flowers or extracts are likely to cause a positive test result. This is because, when inhaled or vaporized, these products come into contact with the oral mucosa—exactly where the saliva test is administered.
On the other hand, it is very rare—if not impossible—to test positive by consuming only oil or herbal tea, for example.
As for whether or not you’re able to drive, we recommend that you always start by taking CBD during the day—on a day when you don’t have to drive—and see how your body reacts.
If you don't feel particularly drowsy, you can take CBD before driving. However, if you have a long drive ahead of you, we recommend that you wait until you reach your destination before taking it.
Is it possible to test positive on a saliva test if you only use CBD?
As explained earlier, depending on the form ofCBDyou take, you may test positive for THC during a police stop involving a saliva-based drug test. This is because when you regularly consume a CBD product—which may contain up to 0.3% THC—THC can accumulate in your body. To better understand the risks and precautions to take, you can read our article on CBD and police checks.
This is especially true when the CBD product comes into contact with the oral mucosa, such as during vaporization or inhalation. That is why people who test positive on saliva screening tests are generally either smokers of CBD flowers or former THC users.
It would indeed be surprising if someone tested positive simply from regularly drinking CBD herbal teas.
Which CBD products should you avoid before driving?
While CBD is completely legal, it does contain a trace amount of THC (less than 0.3%). Depending on the form of CBD product you take before driving, there may be a risk that you could test positive for THC during a saliva test.
This is particularly true forCBD flowersandCBD e-liquids. When vaporized, cannabinoids—including THC—come into contact with the oral mucosa and can therefore cause a positive saliva test. It is almost impossible to test positive solely from consuming products such as sublingual oil, herbal tea, or cosmetics.
However, it is important to note that this is subjective, as THC elimination varies greatly from person to person. Former THC users may also still test positive months after completely stopping their use.
How long after a positive saliva test will I test negative again?
Unfortunately, there is no exact timeframe. It depends on many factors: your usage, your habits, whether or not you used THC previously, and your metabolism. For two average people with the same usage history, one might test positive while the other tests negative. It is therefore impossible to give a precise timeframe. However, it is now possible to findTHC saliva screening tests at pharmacies. You can therefore test yourself to get an idea of how long it takes for THC to be eliminated from your system. Be aware, though, that these tests are less accurate than the “official” tests used by the police.
Which CBD products should you choose to avoid testing positive on a saliva test?
Normally, you can consume CBD in any form without risking a positive result on a saliva drug test. In fact, you would have to consume a large amount of CBD products to accumulate enough THC to trigger a positive test result. However, it’s best not to smoke or vape CBD flowers or other extracts, or to inhale e-liquid, before driving, since the cannabinoids from the flower will be present in high concentrations on your oral mucosa. Products such as CBD isolatesmay also be recommended, as they contain only CBD and are THC-free.
What should you do if you’re stopped by the police? If you’re pulled over during a police stop and asked to take a drug test, do not refuse. It’s always best to comply; this will prevent you from making the situation worse by risking 6 points on your driver’s license, 2 years in prison, and a €4,500 fine (Article L235-3 of the Highway Code).
If your saliva test is positive, you can request a second opinion through a blood or urine test, which will determine the exact THC level in your blood. However, these additional tests must be performed at an accredited laboratory.
The Court of Cassation states that as long as a blood test proves that a narcotic substance was used, the offense is established. (Court of Cassation, Criminal Division, March 12, 2008, No. 07-83476, and Court of Cassation, Criminal Division, October 14, 2014, No. 13-81390).
Article L235-2 of the Highway Code provides for the use of a blood test when a saliva or urine screening test yields a positive result. In fact,the official government website states that “In the case of a saliva test, law enforcement officers must offer you the option of having a blood test performed. This will allow you, if necessary, to request a second opinion from a judge or to verify that you are taking psychoactive medications.”
In conclusion, depending on your CBD use, you may test positive on a screening test administered by law enforcement. However, if that happens, a blood test should confirm that you have consumed only a small amount of THC—indicating CBD use rather than cannabis use. Furthermore, if you are a former cannabis user, you may still test positive even after several months. If you have any doubts, there are self-service kits available that allow you to conduct a screening test on your own.
