In France, police use saliva tests to detect the presence of drugs during roadside checks. If you are chosen for a test, you must give a saliva sample on a stick which is then analyzed. Although these tests do not specifically look for CBD or non-psychoactive cannabinoids, consuming CBD products with uncontrolled THC levels can result in a positive result. 😬 Be careful with your product choices, friends! 🚨🌿 In this guide we will learn how to avoid this kind of bad experience and thus keep your driving license
How THC saliva tests work 😃
When a driver is selected for a saliva test, they must provide a saliva sample. Typically this is done by placing a swab in the mouth for one to two minutes. Next, the sample is placed in a testing device which detects the presence of illicit substances.
Results are usually available within 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 more detailed analysis. During this time, the 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 option of requesting a more accurate blood test to potentially challenge the test results in court, especially if you are undergoing medical treatment with saliva products. cannabis. 😤
Can CBD cause a positive THC saliva test? 🤔
CBD, or cannabidiol, is not specifically targeted in saliva tests conducted by law enforcement. Other non-psychoactive cannabinoids such as CBG, CBN and CBC are also not of concern. The police mainly seek to detect cannabis (through THC), cocaine, heroin, opioids, amphetamines and methamphetamines.
However, there is one important point to note: if you consume a misleading or fraudulent CBD product that has not been tested for THC content by an independent laboratory, you may test positive for cannabis and face penalties. . 😱
Another crucial point to consider is that if you primarily consume full-spectrum hemp oil products, such as oils, you may accumulate trace amounts of THC in your system, which can lead to a positive test result.
Four factors come into play in such cases: 🤨
Absorption of THC by the body: The half-life of THC varies depending on factors such as age, gender, weight, body fat percentage, and metabolism rate. Individuals with a fast metabolism and/or a low body fat percentage eliminate THC more quickly. However, by regularly consuming full-spectrum products, THC can build up in the system and produce a positive test result even in people with fast metabolisms. 😬
Test Sensitivity: Saliva tests used by law enforcement in France can detect THC in saliva for a period of 4 to 6 hours after last consumption. These tests are designed to detect THC levels typically associated with recent recreational cannabis use. Consuming a full-spectrum hemp product with 0.3% THC will not result in a positive saliva test result unless the consumption is massive. 😅
Product labels: Read product labels carefully to understand their composition. The label should indicate whether the product is THC-free or contains up to 0.3% THC. However, be careful as the accuracy of the THC content listed on the label is not guaranteed if you source from questionable suppliers. 😟
Method of consumption: The method of consumption of full-spectrum products can also affect THC detection. For example, THC from ingested hemp oil may stay in the system longer than THC inhaled via vaporization. 😌
In general, THC may persist in saliva for: 🕒
- 8 hours for occasional consumers
- 24 hours for regular consumers
- Up to 8 days for those who use illicit THC or full-spectrum cannabidiol multiple times per day.
So, be attentive and informed to avoid unpleasant surprises! 😊
Blood tests are a bit like little spies searching our blood for traces of THC. 🕵️♂️ They are often used to confirm positive saliva test results during roadside checks. Basically, if you were partying with weed a few days ago, these tests can unmask it. But for casual CBD enthusiasts, it's like trying to find a needle in a haystack a few hours after consuming. Not impossible, but frankly unlikely.
Now, let's talk about urine tests, those 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 THC, but rather its little offspring, the metabolites. And the thing is, these metabolites can hang around in the urine much longer than THC in the blood.
For casual users, it's a bit like having a fingerprint that persists for 3-5 days after the last party. But for those in regular mode, it's like having a tag that stays at the crime scene for 10 to 15 days or more.
Oh, and the important thing to remember is that urine tests are more sensitive than blood tests. So even if you have 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're in one-off party mode or in regular party mode, it's better to be a little on your guard. 🤔
Saliva test followed by a positive blood test: What are the risks?
Oh dear, imagine yourself behind the wheel, completely calm, and suddenly, BAM! A saliva test that has a not-at-all-nice surprise in store for you 😱. No minimum limit for drugs in the body, it's serious in France 🚫. Even a pinch and it's a descent into hell with sanctions that leave you speechless 😮.
6 points less on your license, 2 years in prison, and up to 4,500 euros fine 💸! That's not fun. But wait, it can get worse! If you have the explosive cocktail of alcohol and drugs, you are in the red zone. 3 years in prison and 9,000 euros fine! 🚔
Now for the kicker: driving under the influence of drugs and causing injury? 10 years in prison and a fine of 150,000 euros.
Yes, you read correctly, it’s no longer fun here 😰. And the icing on the cake is that your insurance generally does not cover the damage. You find yourself paying out of your pocket 🤑.
And wait, the final blow, refusing to spit into the little tube? That's not an option! This is definitely an offense in its own right. It’s like saying “yeah, I’m guilty”. Refusing means facing severe consequences, buddy. The French highway code is no joke! 🚫🤐
Unlike urine 💦 and saliva tests, which are the usual methods, hair tests are popular, especially in professional circles!
Imagine this: we take a lock of hair, and we sift it through! 🧐 And there, surprise! We can go back several months to see if you were partying with substances that weren't very legal. 🎉
The particularity? These tests are not present moment snitches, oh no! They are more like historians who reveal your consumption habits at length. So even if you sipped on CBD products with a hint of THC a few months ago, these tests might unmask you, even if the mind-altering effects have already gone on vacation! ✈️
It's a bit like digging through hair archives to unearth well-hidden secrets! 😜
Understanding Procedural Gaps
😟 Oh my! Driving under the influence is complicated enough, but imagine being wrongly accused! 🚗💨 This is where the trouble starts. Motorists have rights, you know! 🤔
- So, if you are accused of driving under the influence of illegal substances, it is better to know your rights inside out! 🚫 Imagine, if you are not even informed of the drug concentration detected after a saliva test , it is a serious mistake! 🙅♂️ “Hey, cop, are you forgetting me there?!”
- And that's not all! You should also be told that you have the right to request a confirmatory analysis if the saliva test is positive . A more precise blood test is the least we can do, right? But if we don't inform you of this right, that's the end result! 🌺
So, if these crucial steps are missed during a traffic stop, you have the power to contest! 💪 And be careful, there are deadlines to respect, eh! 45 days to contest a fine , not one more! And above all, you must react before the court date, if it is indicated! ⏰
How do you challenge, you ask? Well, send a registered letter with acknowledgment of receipt to the address on the notice of violation . Explain your reasons clearly and provide supporting evidence. You can even contest online these days, thanks to the ANTAI website! 💻✉️
👩⚖️ But, be careful, contesting on procedural grounds does not guarantee the cancellation of the sanction. The court will review the evidence and decide whether the procedural error is serious enough to overturn the sanction. It's a bit like an episode of a TV series, but less entertaining! 📺
Effects and Conduct: A Question of Common Sense 😌
While hemp extracts and other non-psychoactive cannabinoids do not cause intoxicating effects that can significantly impair cognitive functions and driving abilities, they may cause drowsiness and/or reduced concentration in some people, especially if the product is extracted from Cannabis Indica.
The calming and relaxing effects, which can lead to drowsiness, are commonly sought by consumers, particularly to manage stress, anxiety, and sleep disorders such as insomnia. However, it is important to remember that these properties can influence your alertness while driving.
Unlike alcohol or drugs, cannabidiol does not cause cognitive impairment or imbalance, making it inherently less dangerous for driving (all other factors being equal). However, there is always a risk , especially during long journeys or demanding driving conditions (e.g. night driving, rain, etc.).
Safety should ALWAYS be your priority. If you are in doubt about your ability to drive after consuming CBD, it is best to wait or use alternative means of transportation. This not only protects your own life, but also that of other road users.
Additionally, NEVER drive after consuming CBD (or any other form of hemp) for the first time because you have no idea how it will affect your alertness behind the wheel. 🚗💤
The Latest Case Law (June 2023)
On June 21, 2023, the Court of Cassation issued an important decision on driving under the influence of CBD. 😮 In this case, a motorist was found guilty of driving under the influence of drugs and speeding by the criminal court. 😬 They received a two-month suspended prison sentence, a six-month license suspension and a fine of €50.
However, the court of appeal overturned their conviction for driving under the influence of narcotics, arguing that the toxicological expert report did not mention the level of THC (tetrahydrocannabinol), as required by the decree of December 13, 2016 on methods of detecting substances indicating drug use. 🤔 The Attorney General of the Court of Appeal then appealed to the Court of Cassation, maintaining that Article L 235-1 of the Highway Code does not impose a THC threshold. Furthermore, according to the magistrate, the decree only establishes a detection threshold, not an incrimination threshold.
The Court of Cassation then annulled the decision of the Court of Appeal, reaffirming that article L 235-1 of the Highway Code criminalizes driving after drug use, regardless of the results of blood or saliva tests. The mere presence of a substance classified as a narcotic (THC) in the driver's body is sufficient to constitute the offense, regardless of the quantity consumed. 😤
In summary, what we have discussed in this article remains valid. Common sense was simply confirmed by the Court of Cassation. The conclusion remains the same: be careful with counterfeit or fraudulent products that contain more THC than the law allows, and be aware of full-spectrum hemp 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 no. 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:
Keep your purchase receipts: If you have cannabis products, keep your invoices and purchase receipts with you, such as in your wallet. This is irrefutable proof that you obtained your products legally.
Avoid transporting unpackaged hemp , especially in large quantities. If you must transport it, make sure it is in its original packaging with a label clearly indicating its composition and origin.
- If you are stopped by law enforcement officers, remain calm and cooperate. Aggression and defensive behavior will only make the situation worse.
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 will be driving in the next few hours. Also remember that even pure CBD without any trace of THC can cause drowsiness and affect your alertness on the road.
Avoid mixing it with alcohol , as the combination of the two can increase drowsiness and reduce reaction time.