Cannabis and driving: what does French law say?

A decree published on December 13 in the Journal Officiel de la République Française (Official Journal of the French Republic) makes it easier to test for drug use while driving. A saliva test may now accompany any roadside check. Prior to this change, a saliva test was only required in the event of an offence.

Marisol Tourraine's new health law has been in the news a lot because of the neutral cigarette packs and third-party payment. On the other hand, very little has been said about the new provisions concerning the use of narcotics while driving. From now on, a motorist can be subjected to a saliva test without committing any offence. So it's up to the police, the driver or the car.

Read more: The legal status of cannabis in France

On the other hand, the collector is no longer placed in the driver's mouth. If the test is positive for THC, a second saliva test will be submitted to a toxicological analysis laboratory or an expert with over 3 years' experience in toxicology. A positive test could result in a fine of up to €4,500 and the loss of 6 points on the driver's license. Penalties can be heavier: provisional license suspension, outright license withdrawal or, in extreme cases, two years behind bars.

Zero tolerance for cannabis

The detection rate of cannabis in saliva now stands at 1ng/mL of saliva (in other words, any trace of cannabis will make a detection test positive). If the cannabis user has also exceeded the legal alcohol limit, the penalties for cannabis and alcohol are added together. Before THC levels were lowered, saliva tests could detect traces of cannabis 6 hours after a joint was consumed. However, data concerning the disappearance of THC in saliva are unreliable, as the Drogues Infos Service website explains. If both saliva tests are positive, or if there is any dispute, the police will take a blood sample, which will be sent to a laboratory. If the blood test is negative, it will take precedence over the saliva tests.

The only thing that remains the same is that even if the user is no longer under the influence of cannabis, he or she will continue to be punished for driving under the influence of drugs.

A Norwegian study recommends authorizing a maximum THC level of 2.2ng/ml of saliva. This rate is applied in Switzerland, while in the United States, the rate applied in most states is 5 ng/ml.