In France, the police use saliva tests to detect the presence of drugs during road checks. If you are chosen for a test, you have to give a saliva sample on a stick which is then analyzed. Although these tests do not specifically seek CBD or non -psychoactive cannabinoids, consuming CBD products with uncontrolled THC levels can lead to a positive result. 😬 Be vigilant with your choice of products, friends! 🚨🌿 In this guide we will learn to avoid this kind of bad experience and thus keep your driver's license
How do the THC saliva tests work 😃
When a driver is chosen for a saliva test, he must provide a saliva sample. In general, it is done by placing a swab in the mouth for one to two minutes. Then, the sample is placed in a test device which detects the presence of illicit substances.
The results are generally available in a few minutes. If the test is negative, the procedure ends. However, if the test is positive, a second sample, either saliva or blood, will be necessary.
This sample will be sent to a laboratory for a more detailed analysis. Meanwhile, the driver's driver's license is suspended until the results are obtained, with a maximum suspension period of three days. 😐
It is important to note that if the second sample is also saliva, you have the possibility of requesting a more precise blood test to possibly challenge the results of the court test, especially if you follow a medical treatment with products based on cannabis. 😤
Can CBD lead to a positive saliva test with THC? 🤔
CBD, or cannabidiol, is not specifically targeted in saliva tests carried out by the police. Other non -psychoactive cannabinoids such as CBG, CBN and CBC are not worrying either. The police are mainly trying to detect cannabis (through THC), cocaine, heroin, opioids, amphetamines and methamphetics.
However, there is an important point to note: If you consume a deceptive or fraudulent CBD product that has not been tested for its THC content by an independent laboratory, you can test cannabis and face sanctions. 😱
Another crucial point to consider is that if you mainly consume complete spectrum oil products, such as oils, you can accumulate traces of THC in your system, which can cause a positive test result.
Four factors come into play in such cases: 🤨
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Absorption of THC by the body: The half-life of THC varies depending on factors such as age, sex, weight, percentage of body fat and metabolism. Individuals with rapid metabolism and/or low percentage of body fat eliminate THC faster. However, by regularly consuming full spectrum products, THC can accumulate in the system and produce a positive test result even in people with rapid metabolism. 😬
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Test sensitivity: The saliva tests used by the police in France can detect the THC in saliva for a period of 4 to 6 hours after the last consumption. These tests are designed to detect THC levels generally associated with recent recreational use of cannabis. Consuming a full -spectrum hemp product with 0.3 % THC will not give a positive saliva test result, unless consumption is massive. 😅
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Product labels: Read the products labels carefully to understand their composition. The label should indicate whether the product is without THC or if it contains up to 0.3 % THC. However, be careful because the accuracy of the THC content indicated on the label is not guaranteed if you supply yourself with questionable suppliers. 😟
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Consumption method: The method of consuming full spectrum products can also affect THC detection. For example, THC from the ingested hemp oil can stay in the system longer than the THC inhaled by vaporization. 😌
In general, THC can persist in saliva during: 🕒
- 8 hours for occasional consumers
- 24 hours for regular consumers
- Up to 8 days for those who consume illegal THC or full spectrum cannabidiol several times a day.
So be careful and informed to avoid unpleasant surprises! 😊
Blood tests
Blood tests are a bit like little spies who search our blood in search of traces of THC. 🕵️♂️ They are often used to confirm the positive results of saliva tests during road checks. Basically, if you celebrated with the weed a few days ago, these tests can unmask it. But for occasional CBD lovers, it's like trying to find a needle in a haystroke a few hours after consuming. Not impossible, but frankly unlikely.
Urinary tests
Now let's talk about urine tests, these curious little ones who spy on our toilets. 🚽 In France, they are often used in legal contexts, at work, in sport, or for medical reasons. They do not directly detect the THC, but rather its small offspring, the metabolites. And the thing is that these metabolites can squat in urine much longer than THC in the blood.
For occasional users, it's a bit like having a fingerprint that persists for 3 to 5 days after the last party. But for those who are in regular mode, it's like having a tag that remains on the crime scene for 10 to 15 days, or even more.
Ah, and the important thing to remember is that urine tests are more sensitive than blood tests. So even if you've consumed CBD with less than 0.3% THC, your urine can still betray your little secrets, especially if you are part of the "regular consumption" team. 🚨
In short, whether you are in punctual celebration or regular party mode, it is better to be a little on your guard. 🤔
Saliva test followed by a positive blood analysis: what are the risks?
Oh there, imagine yourself driving, quiet, and suddenly, bam! A saliva test that has a nice surprise for you at all 😱. No minimum limit for drugs in the body, it's serious in France 🚫. Even a pinch and it is the descent into hell with sanctions that leave you mouth 😮.
6 fewer points on your license, 2 years in prison, and up to 4,500 euros fine 💸! This is not a pleasure. But wait, it can get worse! If you have the explosive cocktail of alcohol and drugs, you're in the red zone. 3 years in prison and 9,000 euros fine! 🚔
Now, the highlight of the show: drive under the influence of drugs and cause injuries? 10 years in prison and 150,000 euros fine.
Yes, you have read it well, it laughs more there 😰. And icing on the cake, your insurance generally does not cover the damage. You find yourself paying from your pocket 🤑.
And wait, the blow of grace, refuse to spit in the little tube? It's not an option! It is downright an offense in its own right. It amounts to saying "Yeah, I'm guilty". To refuse is to expose themselves to severe consequences, my friend. The French Highway Code is not fun! 🚫🤐
Hair tests
Unlike urine tests 💦 And of saliva, which are the usual methods, the hair tests are popular, especially in pros!
Imagine that: we take a wick of hair, and we sift it! 🧐 And there, surprise! You can go back to several months to see if you have celebrated with not very legal substances. 🎉
The particularity? These tests are not cookies of the present moment, oh no! Rather, they are like historians who reveal your consumption habits on the length. So, even if you sipped CBD products with a hint of THC a few months ago, these tests could unmask you, even if the psychotropic effects have already gone on vacation! ✈️
It's a bit like rummaging through the hair archives to find well hidden secrets! 😜
Understanding of procedural gaps
😟 Oh there! Driving under influence is already quite complicated, but imagine getting wrong! 🚗💨 This is where troubles start. Motorists have rights, you know! 🤔
- So, if you are sworn in an accusation of conduct under the influence of illicit substances, it is better to know your rights on your fingertips! 🚫 Imagine, if you don't Not even informing the drug concentration detected after a saliva test, this is the serious fault! 🙅♂️ "Hey, cop, do you forget me there?!"
- And that's not all! We must also tell you that you have the right to ask a confirmatory analysis if the saliva test is positive. A more precise blood analysis, that's the least of things, right? But if we do not inform you of this right, this is the bouquet! 🌺
So, if these crucial steps are zapped during a road check, you have the power to challenge! 💪 And beware, There are deadlines to respect, huh! 45 days to contest a fine, not one more! And above all, it is necessary to react before the date of the court, if it is indicated! ⏰
How to challenge, you ask yourself? Well, Send a registered letter with acknowledgment of receipt to the address on the notice of ticket. Clearly explain your reasons and provide supporting evidence. We can even contest online, nowadays, thanks to the Antai site! 💻✉️
👩⚖️ But, beware, contesting on procedural bases does not guarantee the cancellation of the sanction. The court will examine the evidence and decide whether the procedural lack is serious enough to cancel the sanction. It's a bit like a TV series episode, but less entertaining! 📺
Effects and conduct: a question of common sense 😌
While the Hemp extracts and other non -psychoactive cannabinoids do not cause intoxicating effects that can significantly alter cognitive functions and driving capabilities, they can cause drowsiness and/or reduced concentration In some people, especially if the product is extracted from Cannabis Indica.
The soothing and relaxing effects, which can cause drowsiness, are generally sought after by consumers, in particular to manage stress, anxiety and sleep disorders such as insomnia. However, it is important to remember that these Properties can influence your vigilance while driving.
Unlike alcohol or drugs, cannabidiol does not cause cognitive alteration or imbalance, making it intrinsically less dangerous for driving (all other factors being equal). However, there is still a risk, Above all During long journeys or demanding driving conditions (for example, night driving, rain, etc.).
Security should always be your priority. If you doubt your ability to drive after consuming CBD, it is best to wait or use alternative means of transport. This not only protects your own life, but also that of other road users.
In addition, never drive after consuming CBD for the first time (or any other form of hemp) because you have no idea how it will affect your vigilance behind the steering wheel. 🚗💤
The last case law (June 2023)
On June 21, 2023, the Court of Cassation issued an important decision on the conduct under the influence of the CBD. 😮 In this case, a motorist had been found guilty of driving under the influence of drugs and speeding by the criminal court. 😬 They received a suspended two -month prison sentence, a six -month license suspension and a fine of € 50.
However, the Court of Appeal canceled their conviction for driving under the influence of narcotics, arguing that the toxicological expert report did not mention the THC (tetrahydrocannabinol) rate, as required by the decree of December 13, 2016 on The procedures for detecting substances indicating the use of drugs. 🤔 The Attorney General of the Court of Appeal then appealed before the Court of Cassation, arguing that article L 235-1 of the Highway Code does not impose a Thc threshold. In addition, according to the magistrate, the decree only establishes a detection threshold, not an incrimination threshold.
The Court of Cassation then canceled the decision of the Court of Appeal, reaffirming that article L 235-1 of the Highway Code criminalizes driving after use of drugs, regardless of the results of blood or saliva analyzes. The simple presence of a substance classified as a narcotic (THC) in the body of the driver is sufficient to constitute the offense, whatever the amount consumed. 😤
In summary, what we discussed in this article remains valid. Common sense has simply been confirmed by the Court of Cassation. The conclusion remains the same: be careful with counterfeit or fraudulent products which contain more THC than what the law allows, and be careful with full spectrum products which, when consumed in large quantities, can increase THC levels in saliva and blood. 🚗🌿
Reference: Court of Cassation, Criminal Chamber, June 21, 2023, case n ° 22-85.530.
Police checks: 5 tips to avoid unpleasant surprises 😊
As always, common sense will allow you to consume CBD with confidence without taking unnecessary risks. Here are 5 tips to avoid unpleasant surprises and make CBD your best ally to improve your quality of life:
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Keep your purchase receipts: If you have cannabis -based products, keep your invoices and purchase received with you, for example in your wallet. This is irrefutable proof that you have obtained your products legally.
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Avoid transporting unpacked hemp, especially in large quantities. If you have to transport it, make sure it is in its original packaging with a label clearly indicating its composition and origin.
- If you are arrested by agents of the public force, Stay calm and cooperate. Aggressiveness and defensive behavior will only increase the situation.
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It's all about planning. If you know you will have to drive, plan your consumption accordingly. Avoid consuming full spectrum products containing traces of THC if you have to drive within hours. Also remember that even the pure CBD without any trace of THC can cause drowsiness and assign your vigilance on the road.
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Avoid mixing it with alcohol, because the combination of the two can increase drowsiness and reduce the reaction time.