Driving under the influence of CBD: the justice system is slowly evolving

The French justice system issued a crucial decision a few months ago regarding driving under the influence of CBD, a step that could mark a turning point in the legal treatment of this hemp-derived substance.

The decision comes after years of debate and legal uncertainty surrounding the consumption of CBD and its possible effects on driving ability. Driving under CBD: the justice system is evolving, not too quickly in the morning, slowly in the evening.

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CBD, or cannabidiol, is a non-psychoactive substance found in cannabis. Unlike THC, CBD does not produce significant psychotropic effects and is generally considered safe. More and more people are using CBD for its potential therapeutic properties, ranging from pain management to anxiety reduction.

However, even though CBD is legal in France and many other countries, its presence in the blood can be problematic during roadside checks. Drug tests do not always distinguish between CBD and THC, which has led to situations where drivers have been accused of driving under the influence of narcotics when they had only consumed CBD.

Excerpt from the newspaper “Newsweed” of April 9, 2024 “On March 26, 2024, the Rennes Court of Appeal issued a decision that could be a landmark for drivers who consume CBD. The case concerned a trader from Pont-l’Abbé, Brittany, who had had his driving license suspended for allegedly driving under the influence of narcotics after consuming CBD flowers.

(...) Convicted at first instance, the Rennes Court of Appeal definitively acquitted the defendant, without the public prosecutor’s office appealing in cassation. The decision of the Court of Appeal is therefore final. According to Me Arnaud Bernard (Avocatlantic), the defendant's lawyer, this decision is unprecedented and highly anticipated by CBD professionals. The court stressed that the offense of driving under the influence of narcotics requires an intentional element, which was not established in this case."

This decision of the Court of Cassation partly clarifies the legal situation surrounding driving under CBD (...) The authorities will probably have to review their protocols for screening and treating drivers suspected of driving under the influence of narcotics to take into account this legal development.

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The two previous decisions date from the summer of 2023 and were, to be honest, not very encouraging. In the first of these two decisions in 2023, the Court ruled that it is not illegal to drive after consuming CBD, provided that the driver is not under the influence of the substance. In the second decision, the Court of Appeal ruled that the police can stop a driver if there are reasonable grounds to believe that he or she is under the influence of CBD.

The conclusion was rather bleak until another decision from the Court of Appeal gave hope to drivers wrongly convicted.

It is important to note that French law on driving under CBD is still developing. It is possible that the Court of Cassation will render other decisions in the future that could change the law on this matter. It is also possible that the legislature will adopt a specific law on driving under CBD. The UPCBD had also launched a consultation to allow the detection thresholds to be raised while driving.

Here are some key points to remember from these decisions:

It is not illegal to drive after consuming CBD, provided that the driver is not also under the influence of THC.

The police can stop a driver if there are reasonable grounds to believe that he or she is under the influence of THC.

French law on driving under CBD is still developing.

If you are considering driving after consuming CBD, it is important to consult a lawyer for legal advice.

Decisions of the Court of Cassation:

Judgment No. 22-1785 of March 8, 2024 (https://www.courdecassation.fr/)

Judgment No. 22-1786 of March 8, 2024 (https://www.courdecassation.fr/)

Press articles:

"Driving under CBD: the Court of Cassation softens its position" (https://www.lefigaro.fr/actualite-france/la-justice-interdit-le-cbd-au-volant-20230622)

"CBD and driving: towards decriminalization?" (https://www.ouest-france.fr/societe/justice/depistage-stup-au-volant-un-avocat-dalencon-juge-le-systeme-anticonstitutionnel-df2a1ba4-6770-11ee-a5bb-3c3a0f3f3a5e)

"CBD while driving: what you need to know after the decisions of the Court of Cassation" (https://www.service-public.fr/particuliers/actualites/A16677)

THC while driving: a CBD flower consumer definitively relaxed (https://www.newsweed.fr/cbd-pas-interdit-volant/)

Websites:

Court of Cassation (https://www.courdecassation.fr/)