He loses his license for using legal CBD: now he's suing France

November 10, 2025, the Bordeaux Court of Appeal will be examining a case that could mark a turning point for thousands of CBD consumers in France.

The case of Xavier P., prosecuted for «driving under the influence of narcotics».» while consuming only legal CBD, highlights the scientific and legal flaws of the’France's zero-tolerance approach and its incompatibility with European law.

CBD consumer faces criminal charges

Business owner and family man living in the French countryside, Xavier P. had decided to stop consuming THC cannabis after a previous conviction. In 2021, he switched entirely to Cannabis CBD.

But in january 2024, A salivary roadside test, unable to distinguish between legal hemp consumption and illegal cannabis use, was found to be weakly positive.

Despite his insistence, the police refused him a blood test confirmation, claiming it was unnecessary. His driver's license was immediately suspended, and he now faces a fine of up to five-year licence suspension and a fine of 4,500 euros.

«I was disgusted by what I consider to be an injustice in more ways than one,» explains Xavier. «I replaced an illegal product with a legal one, and now I'm being punished again, this time for obeying the law.»

Acquitted, then prosecuted again

In the first instance, the court acquitted Xavier, acknowledging the absence of evidence of illegal cannabis use. However, the prosecutor appealed of this decision, reopening a case that NORML France, an association supporting Cannabis users, describes as a ’legal aberration«.

For Maître Nicolas Hachet, a lawyer at the Bordeaux bar and expert member of NORML France, this situation illustrates a systemic flaw: «Criminalizing CBD consumers is tantamount to confusing a legal product with a narcotic. It is urgent to revise detection thresholds and put an end to this legal aberration.»

The limits of drug testing in France

Unlike the’Germany, which has adopted a scientifically based threshold of 3.5 ng/ml THC in blood, the France has no minimum threshold.

A simple positive salivary test, regardless of the quantity detected and despite the absence of any psychotropic effect, is enough to constitute an offence.

As NORML France points out saliva tests do not measure concentration and cannot differentiate the consumption of legal «CBD» cannabis from that of illegal «THC» cannabis. Result: innocent drivers are tested positive several days after legal consumption, or even after passive exposure.

«The «zero tolerance» policy traps legal users and punishes trace rather than impairment,» NORML France argues. «It's a system that destroys lives in the name of statistics.»

The case will also be argued on European legal bases, citing violations of principles of proportionality and free movement enshrined in EU law. As CBD is not considered a narcotic in the EU, the current testing and sanctioning regime in France could be seen as an obstacle to the development of CBD. free movement of goods.

For NORML France, it's not just a case of one man, but of protecting thousands of CBD consumers against arbitrary criminalization.

Beyond the legal arguments, Xavier's story is a personal tragedy. After three years of combined driving bans, He lost his marriage and a large part of his livelihood.

«After twenty years together, my wife could no longer stand being the family cab,» he says. «Today, I'm becoming an activist, not for myself, but so that others don't have to go through the same thing.»

NORML France calls for reform

Founded to promote a rational and humane approach to cannabis policy, NORML France urges the government to reforming the traffic control system, based on scientific evidence and respect for fundamental rights.

The association requests :

• L’introduction of measurable thresholds for THC, similar to the limits set for alcohol
• The differentiation between active tampering and trace detection
• Alignment with European law and scientific standards.

The outcome of the November 10 in Bordeaux will be followed closely. Beyond Xavier's fate, it could force the French authorities to confront the incoherence of their current system, which criminalizes legal hemp users and undermines confidence in the judicial system.

«We urgently need to reopen the legal debate on a clear basis, in line with scientific knowledge and European law,» concludes Me Hachet.