Driving after consuming CBD is prohibited

A driver is convicted of driving a vehicle using drugs and speeding. He is sentenced by the Correctional Court to a 2-month suspended prison sentence, 6 months license suspension and a €50 fine.

The Court of Appeal acquitted him of the first offense on the grounds that the toxicological expert’s report did not mention the THC level in accordance with the order of 13 December 2016 laying down the procedures for the screening of substances showing evidence of drug use. The public prosecutor of the Court of Appeal is appealing on a point of law on the basis of Article L 235-1 of the highway code, which does not set any threshold. In addition, according to the judge, the order sets a threshold for detection, not criminalization.

The Court of Cassation quashes the judgment and recalls that Article L 235-1 of the highway code criminalizes the sole act of driving after having used narcotic drugs, this use being established by a blood or salivary analysis. The offense is constituted if it is established that the accused drove a vehicle after having used a substance classified as a narcotic (THC), regardless of the dose absorbed.