Driving and CBD: Does it affect Driving?

In this post all the doubts related to the use of CBD flowers or CBD oils and driving are solved. It explains the effects of CBD on the ability to drive, the possibility of testing positive in a drug test in the controls for using CBD, penalties and whether it is advisable to appeal the fine.

What is CBD?

CBD (cannabidiol) is a compound found in the cannabis plant. Unlike THC, CBD is not psychoactive, which means it does not produce a “high” sensation. CBD is often used for pain relief, anxiety reduction and sleep enhancement. CBD products are legal as long as they contain less than 0.3% THC. Below this THC threshold, you will find hemp or CBD cannabis, which is legal as it is not considered a narcotic. At this point, we must remind you that Cannactiva products are not legally intended for consumption.

Driving and CBD: Effects and Possible Legal Implications

Does CBD affect driving ability?

CBD is not psychoactive and should not affect driving ability. Make sure the CBD you buy has minimal THC content. In some cases, especially at high doses, some people may experience side effects such as drowsiness or dizziness, which could affect the ability to drive safely.

Can regular consumption of CBD give positive results in a traffic control?

CBD can test positive in a traffic control. Although these products are legal and non-narcotic because they contain less than 0.3% THC, regular use can result in a positive test in a traffic control because drug tests detect the presence of traces of THC.

Can CBD give a false positive?

CBD is eliminated from the body by generating its own metabolites, different from THC, so pure CBD should not give a positive result in a cannabis test. However, full-spectrum CBD products, which contain traces of THC, can test positive.

Can CBD flowers test positive for drugs?

CBD flowers contain THC in concentrations lower than 0.3% THC, as it is a non-psychoactive cannabis, and therefore not narcotic. However, because it contains traces of THC, it can give a positive result in a drug test.

How much time must pass after consuming THC in order not to test positive in drug tests?

The detection time of THC varies according to frequency of use, dosage and individual characteristics. In occasional users, THC can be detected up to 24-48 hours after consumption, whereas in regular users it can be detected during days, in some cases even more than 30 days. This is because THC and other cannabinoids are stored in the body’s fatty tissues and can be detected for weeks after consumption.

Can CBD be converted into THC?

No. Although a study was published in 2007 suggesting the conversion of CBD to THC under very specific experimental conditions, these results have not been confirmed in humans.

How much is the fine for testing positive for THC?

In Spain, the penalty for testing positive for THC at the wheel is 1000 euros and the withdrawal of 6 points from the driver’s license. This penalty is applied regardless of the level of THC in the body, simply because of the presence of the drug. In addition to the administrative sanction, if the authorities determine that the ability to drive is affected, for example, by obvious symptoms such as nervousness, dilated pupils or lack of balance, it could be converted into a criminal sanction, which may include the withdrawal of the driver’s license, an additional fine, community service or even imprisonment.

Saliva Test for THC: What to Do if You Test Positive

Traffic Controls: Positive Drug Test for THC

Unlike breathalyzer controls, where the degree of alcohol intoxication is graded, drug controls only determine the presence of drugs in the organism, and do not discern the degree of impairment. This can lead to penalties even if the drug was consumed the day before and no longer affects driving ability at the time of the control.

In Spain, penalties for driving under the influence of drugs have been applied since 2007. The law establishes that it is a very serious offense to drive with the presence of drugs in the body, regardless of whether or not it affects driving at the time. Penalties may include fines and loss of driving license points.

Differences between THC and CBD

How to appeal a fine for positive THC if I use CBD?

To appeal a sanction it is always advisable to consult a lawyer with experience in the matter, who will advise on a case-by-case basis and provide realistic expectations of the process. In Spain, if you test positive for THC in a drug test (the anti-drug tests of the Dirección General de Tráfico, which are saliva tests), one of the strategies is to request a blood test as a contrast test to ensure an accurate measurement of THC levels in the body. This right is guaranteed by law and it is recommended to insist on it at the time of the sanction, only if it is considered that the positive drug test does not reflect the real state.

In practice, police officers sometimes do not offer this contrast test or discourage its performance, saying that it has a high cost. In Spain, the cost of performing a contrast test to confirm the results of a drug test is approximately 290 euros (some users report paying 100 euros). This fee must be paid by the interested party as a “deposit prior to processing”.

If the result of the blood test is negative, the applicant will be reimbursed for the cost of the test. It is important to add that the person must come to the hospital guarded by the agents; otherwise the test would not be valid. It should also be noted that, as mentioned at the beginning, the law punishes the presence of drugs in the body, regardless of whether or not it affects driving at the time. Therefore, it is only advisable to ask for a contrast test if you are certain of a negative result.

In general terms, it is recommended to pay the penalty applying the 50% reduction, since the success of an appeal against the fine depends exclusively on having a negative result in the test.

Does CBD test positive for drugs?

Finally, it is important to remember that safety on the roads depends on one’s responsibility at the wheel. Avoid distractions such as cell phones or screens, rushing and recklessness. Whether you use CBD, a cup of coffee, a glass of wine, a cigarette or any other substance; whether you’re having a bad day, or really want to get there: drive only if you’re sure you can do it safely and drive safely. Bon voyage, Cannactivist!