Lawyer specializing in road law, Jean-François Channeur alerts, via a forum that we reproduce, on the risks of consuming CBD, which is legal, then of driving.
Brain teaser. Lawyer specializing in road law, Jean-François Channeur alerts, via a forum that we reproduce, on the risks of consuming CBD, which is legal, then of driving (1).
“Shops offering CBD-based products for sale now number in the thousands across the country (…) At the same time and for lack of sufficient information on the subject, many CBD consumers (and only of CBD) mistakenly believe that they are able to legally drive after using it.
Well no … and prosecutions for driving under narcotic drugs are increasing, which has disastrous consequences for the drivers concerned, namely the immediate retention and then the suspension of their driving license (pronounced by the prefect, most of the time of the order of 6 months), or even an annulment of it at the time of the judgment, in particular in the event of a repeat offense.
In our French legislation, driving a vehicle after having used cannabis is formally prohibited and the legislator has not instituted, contrary to what is done in terms of alcohol while driving, a minimum threshold authorizing to take the flying after consumption, however minimal, of narcotic. In short, zero tolerance for driving under drugs and above all zero rate.
In practice, law enforcement uses a saliva test to identify drivers who are stopped. In order to track down cannabis use, in particular, they screen for the possible presence of THC (tetrahydrocannabinol).
However, CBD products (oils, candies, herbal teas, e-liquids …) contain up to 0.20% THC. They are therefore detectable on a saliva test (especially if they have been smoked).
And the judges condemn … although most of them recognize that there is a problem because it is now established that the sale of CBD is authorized. But once again the obligation of a total absence of traces of THC in the body …
To summarize, and under the current legislation, it is therefore possible to be an outlaw behind the wheel after consuming a legal product, CBD!
And the problem for the legislator is real today because allowing a tiny proportion of THC in the body would ipso facto amount to legalizing moderate consumption of cannabis …
We can bet that the law will evolve on the subject in the near future and that it may soon be possible to legally tolerate a level of THC in the body that would be less than 0.20% …
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