The use of CBD products has been linked to numerous (seemingly miraculous) health benefits such as:
However, the products for use in the UK do not typically offer any guidance about the risk of drug driving due to the taking of CBD oil. When embarking upon drafting this article, we found it surprisingly difficult to identify scientifically sound information on the subject so it is no wonder the influence of CBD oil intake it is a common question for those facing drug driving prosecutions.
What is CBD
CBD is the medical abbreviation for cannabidiol which is comprised of the many active compounds found in cannabis. Although there are many compounds, the two main ones are THC and CBD. CBD is most commonly found in an oil base and is used to treat medical conditions such as chronic pain and anxiety. CBD is not illegal and is extracted from the cannabis plant. It can, however, contain small amounts of THC which are illegal and can cause highs.
Although CBD is legal in the UK, the rules are not explicit and this has created confusion. It is advised to businesses selling CBD products that they should contain less than 1mg of THC per pack, but it is difficult for them to meet this criterion as some of the labs that test THC in CBD products are unaccredited and unverified. CBD products must also be sold a food supplement and not advertised as having medicinal properties.
Can CBD take me over the drug drive limit?
Ordinarily it would not be expected that CBD could take a person above the legal drug drive limit of THC, which is set intentionally low. However, dependant on the quantities of THC in the product, it is possible for the use of CBD products to see a person in excess of the 2mg of THC per litre of blood limit. This possibility is difficult to quantify due to the lack of regulation of CBD products in the UK. Also, some manufacturers may leave a residual THC behind in their products which could result in someone exceeding the drug limit as the declared content on the label can be variable and inaccurate.
With the minimum penalty for a drug driving conviction being a 12 month driving ban, the pot luck nature of CBD products is a risk many motorists should be warned against. Until the use of CBD is properly monitored and regulated we have to advise motorists against the use of CBD oil at least 24 hours before driving.
The effects of passive cannabis smoke
Another common query raised by those who are faced with a drug driving prosecution relates to the impact of passive smoking. If in a situation where you are surrounded by a ploom of cannabis smoke could this have an impact on the level of THC in your blood?
There are numerous studies on the subject but still no precise way of measuring the risks of passive smoking and being above the drug drive limit. The general consensus being that passive smoking in extreme unventilated conditions could produce detectable levels of THC in blood.
‘Positive tests for THC in oral fluid and blood were obtained for nonsmokers up to 3 h following exposure. Ratings of subjective effects correlated with the degree of exposure. Subjective effect measures and amounts of THC absorbed by nonsmokers (relative to smokers) indicated that extreme secondhand cannabis smoke exposure mimicked, though to a lesser extent, active cannabis smoking.’Journal of Analytical Toxicology
So it is possible that you could be drug driving having not actually taken any drugs directly. If this issue is relevant in your case, this would not amount to a defence in the same way that eating a Christmas pudding laced with alcohol would not be a defence to drink driving. It may amount to a “special reason” why the court would not impose the usual 12 month disqualification on sentencing.
Our advice is to keep away from others who are smoking cannabis or make sure if you are around someone smoking cannabis you crack open a window to avoid being inadvertently pushed over the drug drive limit on someone else’s consumption.
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