No, CBD is not banned for driving

Flood of simplistic headlines for incomplete information likely to mislead. Following a recent decision by the Court of Cassation, many press headlines and blogs announced the prohibition of CBD while driving. However, driving after consuming CBD is not prohibited, and the court decision does not state that. Let's go back over the case to understand everything.

Driving under the influence of «CBD»

On January 21, 2021, a man appeared before the criminal court regarding his speeding arrest. In accordance with standard procedure for this type of case, the man underwent saliva tests, which revealed the presence of tetrahydrocannabinol (THC). The court therefore found him guilty of driving a vehicle under the influence of narcotics and speeding between 40 and 50 km/h. The sentence imposed included two months of probation with supervision. He was sentenced to two months in prison with probation, a six-month driving license suspension, and a 50 euro fine.

Although the defendant pleaded guilty to speeding, he decided to appeal the court's decision regarding driving under the influence of drugs. He argued that he had not consumed cannabis but only cannabidiol (CBD), likely in the form of hemp flowers whose THC content was below the legal limit of 0.21% at the time of the incident. On September 5, 2022, the Rouen Court of Appeals ruled in his favor and dismissed the charge.

However, the Court of Cassation overturned the appeal. According to the Court, the offense of driving a vehicle under the influence of drugs is established «if it is proven that the defendant drove a vehicle after using a substance classified as a narcotic, regardless of the amount ingested.».

Since THC is classified as a narcotic, the Court of Cassation overturned the Court of Appeal's decision. The case was therefore sent back to the Court of Appeal for a new trial.

So driving after consuming CBD is legal?

Driving after consuming CBD – and we're talking about cannabidiol, the molecule – so there's no problem. On the other hand, if the CBD product Anyone who has consumed it also contains THC, even in infinitesimal doses. The latter can make one test positive on a saliva test. The Court of Cassation has thus ruled that, even if the measured dose of THC reveals the consumption of a legal product, any trace of THC constitutes a driving offense.

The media's confusion likely stems from the fact that the term «CBD» is widely used to refer to all forms of CBD products, risking confusion.

See our article on CBD and drug tests.

Which CBD products do not contain THC?

The Supreme Court's decision is clearly a warning to consumers of CBD products. This is while waiting for the law to change and allow driving after consuming a legal product. that does not lead to a decrease in faculties, those who wish to stay within the lines may turn to:

• CBD e-liquids that are consumed with an electronic cigarette. CBD distillate vape pens generally contain a small amount of THC which, even if it is lower, could potentially result in a positive test.
• from CBD oils broad spectrum, also known as broad-spectrum
• CBD products based on isolate, generally of lower quality but free of any cannabinoid other than cannabidiol
• all hemp oils and foods containing hemp flour or hemp seeds. They contain very few cannabinoids, including CBD, but do not test positive. They are also very good sources of omega-3 and omega-6 fatty acids and antioxidants.

Everything that is CBD flower or extracts, and all «full spectrum» products, are at risk of testing positive for THC because they contain it.