CBD & police control: what are the risks in the event of a saliva test?

There is a very clear difference in the effects caused by marijuana rich in THC and legal cannabis, rich in CBD and with a very controlled level of THC. The legal difference is also striking: the former is considered narcotic when the latter is quite legal for cultivation, marketing and consumption.

Where the difference is imperceptible is at the level of the physical product: a sachet of weed forgotten at the bottom of a pocket has always the same aspect, regardless of its cannabinoid content.

How then to deal with a police check when you just have CBD and has nothing to be ashamed of? Above all, how to take precautions and approach with serenity the saliva test after consumption of CBD ? This is our topic of the day.

CBD is legal, but what happens if you get a police check?

CBD is legal, but what happens if you get a police check?

Can CBD be detected in a saliva test?

Short answer: no.

This is not a technical problem that would make CBD undetectable in the human body, but quite simply that it is not looked for during road safety checks, having in the vast majority of cases recourse to the saliva test. Remember, in France as in the rest of Europe, THC is the only cannabinoid considered a narcotic. Its rate in industrial hemp plants operated within the European Union (EU) is thus limited to 0,3% THC.

The first good news is therefore that all the products sold on renowned sites such as Weedy.fr are perfectly legal, regardless of their CBD content. So they shouldn't ask you no legal problem. However, it is good to know what to expect and take some usual precautions.

However, in terms of road safety, it is zero tolerance. In case of doubt, or simply of an unexpected check, even the slightest trace of THC can make a saliva test positive. If you have just consumed a full-spectrum product, including even traces of THC, you therefore take the risk of being tested positive… but not with CBD! However, this risk could soon disappear, with the announcement, in the fall of 2020, of the stabilization of a first variety of cannabis without any trace of THC: the Cannabis America.

What are the risks of a police check in possession of CBD?

Since CBD is legal, you have absolutely the right to buy it and therefore to own products that contain it. This is true for the unprocessed product (CBD flowers et hemp infusions), simply extracted (pollen, wax and crystals), but also those where it is used as an ingredient among others (cosmetics, food supplements). However, it is much easier to prove the composition of a tube of CBD cream on which is written the list of ingredients and the cannabinoid content than to explain that this bag of buds without label does not contain any illegal substance ...

If in doubt, there is a good chance that the police or customs will require you to have a saliva test (potentially followed by a blood test) and confiscate your merchandise until proof that it does not contain any illegal substances. The risk is therefore less, but sufficiently annoying and time-consuming not to take it.

If you move with your CBD productstherefore keep packaging and instructions for use with you.

Police check after using CBD cannabis

Smoking cannabis, even legal, remains banned in France

Smoking cannabis, even legal, remains banned in France

Consumption is a slightly different case since the way in which you take it can change the course of your routine check-up. Indeed, although some varieties of cannabis are considered legal due to their low THC content, their flowers are not not intended to be smoked. Technically, then, you can absolutely own CBD flowers, but you cannot smoke them in a joint, and especially not in public!

If, on the other hand, you have taken CBD oil or relaxing infusion, you shouldn't have a problem. Keep in mind, however, that even though CBD does not cause no hovering effects and procures side effects known, it affects your body and may therefore slightly alter your behavior. It is therefore strongly recommended to do not get behind the wheel directly after consumption !

In the event of a control in possession or following consumption of cannabis, and if there is any doubt as to the nature of the products concerned, the authorities will certainly decide to get you tested, which should be enough to exonerate you in the eyes of the law.

Which cannabis screening tests for which risks?

How light cannabis is used and the type of product can influence the course of a test

How CBD is consumed and the type of product can influence the course of a test.

Good news : only THC and THCA are sought after in screening tests, whatever they are ! If your product only contains cannabidiol, then you can have peace of mind while waiting for the results. Keep in mind, however, that the maximum authorized THC level concerns the plant and not the marketed product! Always check the composition of your products before use, and make sure you go through a serious reseller, such Weedy. Fr.

CBD and saliva test

Simple and quick, the saliva test is the most commonly performed as part of road safety checks. It does not detect THC until a few hours after consumption. On average, 4 to 6 hours should be enough to get a negative saliva test. The close consumption of several joints can however significantly lengthen this time., and the durations indicated here as elsewhere on the web are only indications and therefore not to be taken literally: they do not offer any guarantee.

Also be careful if you want to get a saliva self-test in order not to take any risks (for you like the others) and to have peace of mind. Many of them only look for THCA, which is present in very small quantities in saliva since combustion leads to its transformation into THC. Many self-tests can thus turn out to be negative while a police saliva test could, at the same time, be positive.

So you don't have to worry about saliva test case with CBD.

Urine, blood: other screening tests

CBD remains active for several hours on the body

Traces of CBD in the blood last for several days

  • Urine test: it allows you to go back very far in time (up to two months), but is only rarely practiced for a simple routine check.
  • Blood test: it generally confirms the saliva tests with greater precision.
  • Hair test: perhaps the most precise and the one that allows us to go back the furthest in time. However, there is little risk of having to pass one if you have the packaging of your CBD product.

Saliva test and CBD: tips for staying negative

Choose CBD extracts over raw products

Even legal, a CBD flower always contains a certain amount, even tiny, of THC. The legal rate has long been 0,3% within the European Union. It is little, but it is not nothing. If you have just consumed your legal cannabis and you are tested, there is a risk that the saliva test will prove positive. Rather than using flowers, pollen or resin, prefer CBD oil instead or other products for which it is possible to guarantee the absence of THC.

Avoid driving after consuming CBD

Most routine tests are carried out as part of road safety. If you prefer oil flowers, you can therefore greatly reduce the risk of a saliva test by spacing out the consumption of CBD cannabis and driving as much as possible. Even if driving under CBD is not prohibited, it is also recommended to take precautions to avoid any risk of drowsiness while driving.

Keep receipts

Don't get me wrong, we're not saying that a receipt in the bottom of your pocket helps you pass a saliva test. Nevertheless, we mentioned it at the beginning of the article, the cannabidiol and marijuana cannot be distinguished by the naked eye. Proof of purchase will help you prove your good faith in case of control.

If, despite all this advice, your saliva test turns out to be positive, two options are possible: you have actually consumed cannabis containing THC (voluntarily or not) or you are one of the unlucky ones who come across a false positive. In order to be sure, the police forces systematically confirm a positive test with a blood test, or even with a urine test.

Urine test: when is the risk and what are the risks when consuming CBD?

Unlike the saliva test which is the most common and can be performed randomly during a routine traffic safety check, the urine test for cannabis is much less common. It must be said that it allows you to go back several days: up to a week for an average consumer, several weeks or more for heavy consumers. However, if consumption is so old, it no longer presents a danger to others since the effects of cannabinoids are then dissipated. As a logical consequence, it no longer interests the police officer who carries out his routine check in order to avoid road accidents.

The urine test is therefore mostly only considered in a medico-legal framework, such as a road accident, suspicion of drug use or even in the professional context, in which case occupational medicine may have recourse to it. It should also be remembered that a urine test for cannabis use, like the saliva test, THC (and THCA) as a marker.

So, if you only consume legal CBD cannabis, not only do you have little risk of having to take a urine test, but in addition, if the THC level is strictly controlled (it should be), the result should be negative.

How long does CBD stay detectable?

The figures put forward by cannabis industry experts vary. It must be said that not everyone reacts in the same way to different cannabinoids, the potency of which can vary depending on criteria as diverse as body size, fatigue, gender or general health. . Nonetheless, it seems safe to assert that the cannabidiol molecule is traceable several days after consumption. As for the effects, they are obviously shorter and last at most a few hours (two to eight depending on the individual and the amount ingested).

What about black market cannabis?

In the case of a joint containing THC, the conclusions are quite different. The effects would thus last on average 8 hours in a regular cannabis user, but up to 13 p.m. with an occasional consumer. Yet, five hours after consuming cannabis, alone one in two drivers tested positive on saliva tests! The THC therefore remains in the body relatively long, but its traces are not detectable by all tests.

Possession and consumption of THC cannabis: a reminder of the law

All the same, let's finish by recalling the risks in the event of control in possession or in full consumption of marijuana. Indeed, in France, THC cannabis is still generally very badly perceived and widely penalized, while most other European countries show a certain tolerance, even if many have not yet changed their laws. A paradox when we know that the French are establishing themselves at European level as the biggest consumers of THC cannabis. Not less than 45% of adults have in fact already consumed it, and we are talking about the illegal version here.

THC, the main cannabinoid found in marijuana, is therefore considered a narcotic, and drug use is a crime, generally condemned toune fine. Presented by Prime Minister Jean Castex in July 2020 and applied since September of the same year, the current fine amounts to 200 euros and has benefited from an extension of the powers of the municipal police. It can therefore be given indifferently by a policeman or a gendarme.

Paid within 15 days after the offense, it is reduced to 150 euros. On the other hand, it is increased to 450 € beyond 10 days. In the event of non-payment, it is the criminal court which is responsible for managing the case, for a maximum penalty of one year in prison and a fine of € 3750. Important figures, especially considering that we are only talking about personal use (less than 100 grams) and that THC cannabis is here housed in the same boat as any other substance… And therefore how many drugs as powerful as cocaine!

Road safety tests

Smoking while driving is risky, even with a legal product

Smoking while driving is risky, even with a legal product

If you take a road safety saliva test and it turns out positive for THC, you automatically lose six points on your driver's license. What if you are driving accompanied? It is your guide who sees half of his driving license disappear before his eyes. Enough to be at least deprived of outings and vacations for a few generations!

In addition to this administrative formality, the law provides for additional penalties, depending on the seriousness of the offense:

  • To two years in prison and a € 4500 fine, especially if you refuse the test (both the prison sentence and the fine are increased in the event of alcohol consumption and / or involvement in an accident),
  • Driver's license suspension or cancellation,
  • Obligation to participate in a awareness training road safety or the use of narcotics.

To conclude: consume CBD and behave responsibly

By driving, don't get me wrong, we are talking about behavior here and not how to turn the wheel. In case of cannabis consumption, whatever it is, it is indeed preferable and strongly recommended to do not take the wheel right after taking it.

Between the risks of not knowing the exact composition of a product derived from hemp, potential traces of THC detected by the tests and quite simply the desire to avoid any misunderstanding with the police who might not believe that your heads are 100% legal, just better avoiding consuming CBD just before driving. It also goes without saying that at the wheel the only thing we need to focus on is driving. Consume CBD during driving is therefore just as inadvisable.

Take care of yourself and others and, when you are not behind the wheel, enjoy a moment of intense relaxation thanks to the hemp infusions and other relaxing products from the boutique Weedy.Fr !