CBD, THC and Road Traffic Law

CBD, THC and Road Traffic Law: Legal Framework and Key Points

A ruling issued by the French Court of Cassation on June 21, 2023 (No. 22-85.530) clarified that the legality of CBD does not alter the application of Article L235-1 of the French Road Traffic Code. According to this decision, the mere presence of THC in the body is enough to constitute the offense of driving after using narcotics, regardless of the source of the THC and without requiring any proven impairment.

Saliva tests: a system that cannot identify the source of THC

Roadside saliva tests detect only the presence of THC. They cannot differentiate between illegal cannabis use and the use of legal CBD products containing trace amounts of THC. As a result, a compliant CBD product may lead to a positive test.

Possible detection times

The length of time THC remains detectable varies depending on the individual, frequency of use, and type of product. Common estimates include:

• Occasional use: 24 to 48 hours
• Frequent use: up to around 7 days
• Highly concentrated oils: up to 72 hours
• E-liquids: 12 to 48 hours

These times are indicative only and may vary based on metabolism, body weight or hydration.

Penalties under Article L235-1 of the Road Traffic Code

If a test is positive for THC, the penalties are among the strictest in French traffic law:

• Up to 2 years’ imprisonment
• A fine of up to €4,500
• 6-point deduction from the driving licence
• Administrative suspension of the licence (often around 6 months)
• Vehicle immobilisation or confiscation
• Licence cancellation in the event of repeat offenses

Specific rules for young drivers

Drivers in the probationary period have only 6 points. A positive THC test therefore results in the immediate cancellation of the licence, even if the THC detected comes from a legal CBD product.

What to do during a roadside check

If a screening test is positive, several key actions help protect your rights:

• Remain calm and cooperate
• Request a counter-analysis (blood test for confirmation)
• Do not spontaneously admit the offense

Why the counter-analysis is essential

The saliva test has only an indicative value. Only analysis carried out by an approved laboratory can accurately determine THC concentration and confirm or deny the offense.

This confirmation is particularly important when the amount detected may correspond to the use of a CBD product compliant with the legal limit of 0.3% THC.

Keep your documentation

It is strongly recommended to keep invoices, packaging and certificates of analysis for the CBD products you use. These documents may assist in the event of legal proceedings or disputes.