What to do in the event of a road check

CBD (cannabidiol) consumption is legal in France, but when it comes to driving, many questions arise. CBD, although not classified as a narcotic, can cause problems during roadside checks . Current tests do not always differentiate CBD from THC, the psychoactive substance in cannabis. Here is a guide to best practices for CBD consumers facing a roadside check, based on advice from the Union des Professionnels du Cannabis Bien-être et Détente (UPCBD).

Understanding your legal obligations during a traffic stop

When a traffic stop is carried out, each driver must comply with certain legal obligations. It is important to follow these steps to avoid unnecessary penalties:

1. Present your documents : During an inspection, you must provide your driving license, the vehicle registration document, and proof of insurance. These documents must always be up to date.


2. Cooperate with law enforcement : Maintaining a courteous and respectful attitude is essential. Refusing to comply with lawful requests from officers can result in severe penalties, including prison sentences and fines of up to €3,750.


3. Agree to the saliva test : Law enforcement may ask you to take a saliva test to detect drug use. It is imperative that you submit to this test, otherwise you may face additional penalties.

>>> During a road check, drivers must present their documents such as driving license, registration card and insurance, ensuring that they are up to date. It is also essential to remain courteous and cooperate with law enforcement, as refusal can result in severe penalties, ranging from prison sentences to fines of up to €3,750. If a saliva test is requested, it is mandatory to submit to it, otherwise additional penalties may apply.

What to do if the saliva test is positive?

Saliva drug tests do not yet distinguish between CBD and THC, although their effects are very different. If you test positive, here are the steps to take:

1. Inform the agents : Explain that you are a CBD consumer and that you purchased it legally. Present the invoices of your purchases to justify the origin of your consumption.


2. Request a blood test : If you test positive, it is crucial to request a blood test. This more accurate test can help prove that you are consuming CBD, and not illegal substances like THC. Be careful, law enforcement will often try to get you to sign a waiver of this right. Do not sign a document if you are not sure of its contents.


3. Do not sign if refused : If you are refused a blood test, do not sign a waiver. You have the right to contest the results of the saliva test and request a counter-analysis.

>>> In the event of a positive saliva test, it is important to explain to the officers that you are consuming CBD legally, and to present proof of purchase to justify the legitimacy of your consumption. It is then essential to request a blood test, which is more precise and allows you to differentiate CBD from THC. Be vigilant, because the police may try to make you give up this right. If you are refused this analysis, do not sign any documents and contest the result of the saliva test by demanding a counter-expertise.

Rights and remedies in the event of a license suspension

After a positive test, you could face a temporary suspension of your driving licence, usually for 120 hours, while the tests are carried out. Here's what you need to know:

1. Temporary suspension : The prosecutor and the prefect will be informed of the results. If the tests confirm the presence of THC, your license could be temporarily suspended.


2. Appeal : If you receive official correspondence asking you to submit your observations, it is strongly recommended that you consult a lawyer specializing in road traffic law. This will help you prepare your defense and contest the suspension of your license.


3. Recovery of the license : If, after 120 hours, the analyses do not confirm the presence of THC, you can request the return of your license.

>>> If you test positive, your driving license may be temporarily withheld for 120 hours while the test results are confirmed. If THC is detected, a temporary license suspension may be considered. In the event that you receive an official notification to submit your observations, it is strongly recommended that you consult a specialized lawyer to help you prepare your defense and contest the suspension. If the tests do not reveal THC after 120 hours, you will then be able to apply for the return of your license.

Conclusion: Anticipate and prepare

As a CBD consumer, it is essential to know your rights and obligations in the event of a roadside check. Always keep the receipts for your CBD purchases , systematically request a blood test in the event of a positive saliva test and do not sign any document without being certain of its implications.

By following these best practices, you will be able to approach road checks with more serenity and ensure that your rights are respected. Do not hesitate to call on a specialized lawyer to support you and protect you in the event of a dispute.

This article is based on the recommendations of the UPCBD (Union of Cannabis Well-being and Relaxation Professionals)