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
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.
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.
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!
