UPCBD launches petition to change THC thresholds for driving

The strict zero-tolerance policy on THC while driving continues to concern the Union of Cannabis Professionals for Well-being and Relaxation (UPCBD). After its previous appeal to the Council of State was rejected, the UPCBD is now launching a petition on the National Assembly’s website in an effort to persuade the government to change its stance.

Why would anyone want to raise the legal THC limits for drivers?

According to the UPCBD, the zero-tolerance policy regarding the presence of THC in a driver’s saliva or blood is inconsistent with the 2019 ruling by the Court of Justice of the European Union in the «Kanavape» case. The Court thus ruled that France cannot ban «light» or «CBD» cannabis products unless it can provide evidence of a risk to public health. The UPCBD believes that such evidence is lacking, as demonstrated by the increase in sales of these products nationwide.

However, the strict zero-tolerance policy is inconsistent given that products containing CBD are legal, thereby exposing CBD consumers to legal risks.

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The association emphasizes that CBD-based products, even if they contain traces of THC, pose no risk to public safety when THC is present in trace amounts. Scientifically speaking, trace amounts of THC have no psychotropic effects and therefore do not impair psychomotor function or the ability to drive safely. Despite this, CBD users are systematically prosecuted and have their licenses suspended, even when THC levels are infinitesimal.

L’UPCBD attempted to challenge this situation by filing an appeal with the Council of State to seek a preliminary ruling from the Court of Justice of the European Union. However, its request was denied, which allows the association to argue that this zero-tolerance policy indirectly bans “cannabis light” products in France. According to the association, this contradicts the principles of the free movement of goods set forth in Articles 34 and 36 of the Treaty on the Functioning of the European Union, underscoring the need for intervention by the Court of Justice of the European Union.

The association’s perspective raises broader questions about the inconsistency in the French judicial system’s treatment of cannabis users compared to users of other substances. While recreational cannabis remains illegal in France, the extended detection window for THC in the body creates what the UPCBD considers an injustice. Users may have their licenses suspended several days or even several weeks after use, even though the substance no longer has any effect. Surprisingly, the system is less strict for users of substances such as cocaine, amphetamines, or opioids, for which tolerance thresholds are significantly higher than those of THC.

To address these concerns, the UPCBD is calling for the establishment of a tetrahydrocannabinol limit in the traffic code, similar to the alcohol limit. It advocates for this limit to be based on rigorous scientific data, which would allow for a fair and consistent approach to driving laws related to cannabis use.

The UPCBD therefore calls on Share and sign their petition via this link.