A few days ago, the Court of Cassation issued a ruling stating that if a driver tests positive for THC, this constitutes an offense regardless of whether the detection is due to the use of cannabis or CBD (which has been completely legal since December 2022).
Here's what you need to know about this new ban, which is yet another obstacle for the CBD market.
What the Court of Cassation Says About CBD and Driving
It seems the justice system has also decided to throw a wrench in the works for CBD.
After ruling in our favor last December by legalizing all cannabidiol products, provided they contain less than 0.3% THC, the Court of Cassation has taken a step backward. Indeed, under Article L235-1 of the Highway Code, the High Court ruled on the case of a driver who tested positive for THC (even though he claimed to use only CBD), stating that legally, “a driver is guilty of driving under the influence of narcotics if traces of THC are found, regardless of whether they come from taking CBD.”
Thus, this case clearly sets a legal precedent and will unfortunately pave the way for sanctions that run counter to the trends of recent months.
This ruling therefore emphasizes that if a driver tests positive for THC, regardless of the source of the THC (cannabis or industrial hemp), the driver will be subject to the penalties applicable to drug use.
What are the risks of taking CBD before driving?
Given this new legal precedent, it is clear that the authorities will enforce the penalties set forth in the traffic code for driving under the influence of narcotics. Thus, if you test positive during a traffic stop—even if a blood test confirms that you are only using CBD—you will face the same penalties as if you had tested positive for cannabis.
The offense of using a substance classified as a narcotic is punishable by 2 years in prison and a fine of €4,500. You may also lose 6 points on your driver’s license and risk having your license suspended or even revoked.
Until now, drivers could request a second opinion based on a blood test to prove their CBD use. Indeed, the test results showed high levels of CBD and low levels of THC.
So that will no longer be the case…
The problem now is that CBD users will find themselves penalized even though they are using products that are legal in France and Europe.
In addition, it’s important to know that a person can inhale a CBD flower and still test positive several hours after consumption, even though the effects have already worn off…
This raises the question of whether France might have preferred to ban the use of CBD rather than develop methods capable of determining the THC threshold…
And once again, it's the consumer who pays the price…
What is the difference between the THC in CBD products and that in cannabis?
First, it’s important to know that cannabis and hemp are one and the same plant. However, the recreational plant—the one with a THC content above 0.3%—is more commonly referred to as cannabis. In contrast, “legal” hemp is used for CBD products and has a THC content below 0.3%.
However, it’s important to note that if a person regularly consumes CBD—particularly in the form of flowers, resins, or pollen—THC can accumulate in the body and cause a positive test result. Regardless of the source of the THC, the test only detects the presence or absence of THC without taking the amount into account.
Whether you use CBD, a legal product, or cannabis, a controlled substance, law enforcement will now treat you the same way.
Regardless of the amount, as soon as THC is detected during a traffic stop, the driver will face penalties. This stricter enforcement underscores the importance of being well-informed about the risks associated with CBD and police checks in order to avoid severe penalties for a substance that is, in fact, legal.
Can I take CBD oil and drive?
When you use full-spectrum CBD products, THC may accumulate in your body, especially if you use them regularly.
However, when you inhale CBD, the mucous membranes in your mouth come into direct contact with THC, and it is in this very area that the test is conducted, which can then yield a positive result.
This is much less likely to be the case with herbal tea or sublingual CBD oil.
However, it’s important to note that CBD can have sedative effects in some people, which is why we recommend that you avoid using it when you plan to drive.
What Does the Future Hold for CBD in France?
This decision by the Court of Cassation calls into question the legality of CBD. We cannot tell consumers that if they test positive for THC because of a legal CBD product, they will be punished as if they had used a narcotic. That defies belief!
It is up to the government to adapt and ensure that law enforcement has the necessary resources to detect the legal threshold for THC.
Fortunately, organizations likethe UPCBD are fighting every day to gain recognition for CBD and consumer rights. So the fight is far from over…
