- Drug tests don't distinguish between CBD and THC, risking your driving licence. 🚗
- In France, no level of THC is tolerated at the wheel, even if you've only taken CBD. ⚖️
- Despite the legalisation of cannabis in Canada, driving under the influence of THC is illegal and punishable. 🚔
you love it CBD, H4CBD for its soothing effects, but did you know that consuming it could cost you your driver's license ? More and more motorists are reporting this surprising mishap. THC screening test. This paradoxical situation is due to the screening methods used during roadside checks in France or Canada.
The dilemma of CBD, H4CBD and THC
In France, it is legal to sell CBD products, H4CBD, such as leaves or oil, provided that the THC content – the psychoactive component of cannabis – is extremely low, less than 0.3%. However, the screening tests carried out by the police do not necessarily distinguish between these two molecules, explains lawyer Jean-Baptiste le Dall, a specialist in motor vehicle law.
“In terms of narcotics while driving, French regulations are different from those concerning alcohol”
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How a drug test works
According to Me Jean-Baptiste le Dall, the procedure for traffic control usually starts with a screening kit. If the result is positive, a saliva test is performed. Finally, the person inspected is offered the possibility of requesting a second opinion when informed of the results of the analyses. In this case, the motorist is immediately taken to the hospital for a blood sample. It should be noted that this step is rarely encouraged by law enforcement, and that people checked do not necessarily understand the value of undergoing a blood test.
How can you test positive for THC by consuming only CBD, H4CBD?
The test kits can detect very low traces of THC resulting only from the consumption of CBD, H4CBD. It is therefore possible for a person to be considered positive for narcotics by having consumed only CBD, H4CBD. Additionally, repeated consumption of CBD products, H4CBD may cause a person to have slightly higher levels of THC. However, in terms of narcotics while driving, the French regulations differ from those concerning alcohol, which is based on a specific rate. Therefore, you can have a drink or two and still be perfectly in line with the Highway Code. This is not the case with narcotics, where no tolerance is granted. It is enough that a laboratory detects in your analyzes minimal traces of drugs, even if you are no longer under the influence of the product - because it was consumed several days before - for you to be considered as having committed a offense.
"This concerns at least hundreds of motorists".
What happens after a positive test?
If a person tests positive for drugs, their driving licence is immediately withdrawn by the police. Then, within the next five days, the prefect can decide on a provisional suspension. Then comes the criminal prosecution: at this stage, the motorist risks up to 2 years' imprisonment, a fine of 4,500 euros and the loss of 6 points on the driving licence.
What is the scale of the problem?
There are no precise figures on the extent of this phenomenon. However, given the number of cases handled by law firms, it concerns at least hundreds of motorists. Many drivers, even if they feel they have been wronged, do not seek to defend themselves.
Our message to you, our dear readers, is therefore to be aware of the potential risks associated with the consumption of CBD, H4CBDespecially if you plan to drive. As always, caution is advised when dealing with substances that may have legal and health consequences.
Conduct and Consumption of CBD: Laws and Consequences in France and Canada
🌿 Drug testing and CBD | Drug tests do not distinguish between CBD and THC, thus risking the cost of a driver's license. |
👎 THC tolerance in France | In France, no THC level is tolerated while driving, even in the case of CBD consumption only. |
✔️ Cannabis legalized in Canada | Despite the legalization of cannabis in Canada, driving under the influence of THC is illegal and punishable. |
❌ Driving under the influence of CBD | Driving under the influence of CBD is illegal in Canada and France. Penalties are provided based on the amount of cannabis detected in the blood. |
Driving and CBD in Canada: How to keep your driver's license?
The official legalization of marijuana in Canada took place in October 2018, raising an important question for many car owners: Can you drive under the influence of CBD? ? To answer it, it is necessary to understand the limits of the legislation and the legal limit of drugs for driving a vehicle.
Legalization of Marijuana in Canada
The passage of the Cannabis Act in Canada has completely changed the perception of drugs around the world. Many Canadians are proud that pot legalization has finally taken place in the country. Today, you can buy cannabis legally in various shops and even online on authorized sites.
However, although the use of marijuana is legal, there are certain limits that must not be crossed, particularly when it comes to driving.
The consequences of driving under the influence
Driving under the influence of drugs is just as illegal as driving under the influence of alcohol. Statistics show that most tragic accidents on the road are related to drug use. Unfortunately, since the legalization of cannabis, the number of deaths in road accidents has increased significantly.
The effects of marijuana on the body
To understand why drug intoxication is equivalent to alcohol intoxication, it is necessary to explore the effects of marijuana on the body. Cannabis contains two main active ingredients - tetrahydrocannabinol (THC) and cannabidiol (CBD) - which have different effects on the human body. While THC is associated with a state of relaxation, CBD has a therapeutic effect.
After consuming cannabis, many people begin to experience euphoria, an increase in individual abilities, and a sense of calm. However, cannabis can also have negative effects on the body, such as loss of concentration, drowsiness, forgetfulness, slower reactions, etc.
Driving under the influence of cannabis can contribute to the driver's inadequate reaction to unforeseen situations on the road, resulting in inattentiveness and driving at varying speeds. As a result, the driver endangers all road users.
It is important to note that even if you are using cannabis for medical reasons, such as taking CBD pills, there are no legal exceptions for driving under the influence.
What does the law say?
Driving under the influence of alcohol, cannabis or any other drug is illegal under the Criminal Code of Canada. The law provides for penalties depending on the concentration of cannabis in the driver's blood:
- 2 to 5 nanograms of THC – Fine of 1000 $;
- More than 5 nanograms of THC - Minimum prison sentence of 1 year ;
- Mixing alcohol and cannabis - Minimum sentence of 1 year's imprisonment.
Consuming CBD alone should not affect your ability to drive, as CBD does not have the psychoactive effects found in THC. However, it is essential to note that many products containing CBD may also contain THC, even in small amounts, which could potentially make you unfit to drive.
It is therefore crucial to always check the labeling of the products you consume and to act responsibly. If you experience side effects that could affect your ability to drive, such as drowsiness or decreased concentration, it is best to avoid driving.
Do drug tests distinguish CBD from THC?
No, drug tests do not distinguish between CBD and THC. Even if you only consumed CBD, you could test positive for THC.
How is a drug test carried out?
Initially, a screening kit is used. If positive, a saliva test is performed. A blood test at the hospital is carried out for second opinion.
What happens after a positive drug test?
If a person tests positive for narcotics, their driver's license is immediately confiscated. She could also face jail time, a fine and losing points on her license.
Can you drive under the influence of CBD in Canada?
No, driving under the influence of CBD is considered illegal in Canada. You could be penalized depending on the amount of cannabis detected in your blood.