Is it legal to drive while on medical cannabis or CBD oil? How long after smoking cannabis can I drive? What's Legal? These answers and more. Read Now. Is it advisable to drive under the influence of CBD in France? Is it risky? What are the effects of CBD that could affect the reflexes of drivers using medical cannabis? Can you drive after vaping CBD oil? If you've just received your medical marijuana card and drive to the dispensary to get vape oils, you should know the …
Cannabis, CBD Oil and Driving In Australia
You should not drive while impaired by cannabis or any other substance. CBD and THC have different impacts on your ability to drive, and it’s illegal to drive with any THC in your system Australia-wide.
- It is illegal to drive with any THC in your system in Australia.
- Medical cannabis patients do not get any sort of exemption from THC roadside drug testing.
- If your cannabis medicine contains CBD only then, it is legal to drive on medical cannabis.
In this video Tom Arkell, research coordinator at the Lambert Initiative For Cannabinoid Therapeutics explains how cannabis and CBD oil impair driving abilities and much more.
Cannabis, CBD oil and driving
As of 2019 there were over 300,000 Aussies using cannabis daily for medicinal or adult-use purposes. It’s safe to assume that a vast majority of those people are drivers. Marijuana is becoming more widely used. And, increasingly people are concerned about whether or not they can drive while using cannabis.
- If you’re asking whether you can simultaneously drive and consume cannabis – no you can’t.
- If you’re asking whether you can take cannabis then walk out the door immediately and get into a car and drive – you can’t.
- If you’re asking whether you can drive after an extended period of time after taking cannabis or CBD oil – this article is for you.
Regardless of legality, the team at honahlee are the first to tell you not to drive while impaired. Driving while impaired could result in an accident which would not only impact your life but the life of others too.
When deciding whether it’s safe to drive after consuming cannabis, it’s important you understand all of the factors that come into play. While we recommend you don’t drive after taking cannabis, there may be cases where you’ll need to get from A to B and won’t have any other option. By the time you finish this article, you’ll have all the information to make the best decision possible.
We’ve broken this topic into two articles. In these two articles, expert Tom Arkell explains:
- Does cannabis affect your driving abilities?
- Does THC affect your ability to drive?
- Does CBD or CBD oil affect your ability to drive?
- Is there a difference between CBD oil and CBD vaporised?
Feel free to jump ahead to any part of the article or skip to the other article. If you find this information useful, we’d ask that you share your new-found knowledge with a friend or family member. Let’s get started.
Is it legal to drive while consuming medical marijuana?
Yes, as long as you do not have any THC in your system. If you are prescribed a CBD only product then you may legally drive. If you take a medication containing THC and test positive for THC in a mouth swab test, you can lose your license.
To learn more about cannabis and drug tests or roadside cannabis testing in Australia, read our article, how long does cannabis stay in your system.
Overseas, Canada has a multifaceted system for testing for cannabis impairment. A 2018 law created standards for cannabis driving impairment which have different fines and penalties based on the amount of THC in your blood. The government has set the levels so low, effectively taking a zero tolerance approach until the science improves.
Can you drive (legally) while taking CBD oil?
There are multiple types of CBD oil which means that there isn’t really a definitive answer to this question. The ability to drive legally depends on the cannabinoids in your oil. Some CBD oil has THC, and others do not.
If you are prescribed a CBD oil via legal pathways in Australia you will know exactly which cannabinoids are present in your medication.
With CBD oil from non-legal channels (e.g. CBD oil from overseas or non-prescribing local suppliers), it’s not always clear what cannabinoids are in your oil. Before purchasing these products, make sure you understand what cannabinoids are in the products and what quality standards or regulations those products meet.
Regardless of where you obtain your CBD oil, if your CBD oil contains THC then you want to avoid driving because driving with any amount of THC in your system is illegal regardless of whether or not you are impaired. You can however drive with CBD oil in your system if the oil only contains CBD and not THC.
What is considered driving under the influence of cannabis?
There are two main laws around cannabis and driving:
- Driving under the influence and
- Driving with detectable cannabis in your system.
The two things are not the same, however the offences are treated the same.
All Australian jurisdictions all have a zero tolerance approach to cannabis, specifically THC. This means that it’s illegal for you to drive if you have any THC in your system (driving with detectable cannabis in your system).
There is no exemption for patients that might be using cannabis for therapeutic purposes. So, driving under the influence of cannabis is really just being found with cannabis in your saliva.
There are two problems with cannabis driving laws. The first is that they don’t take into account the fact that there are people using cannabis as a legal medicine. The second problem is that THC may be found in your system long after impairment has ended.
Roadside drug tests look for detectable cannabis in your system. So, regardless of whether impaired or not, you can find yourself in legal trouble if you have THC in your system.
So, how long after consuming cannabis is it safe to drive?
In order to answer this question, you need to look at three things:
- Did your cannabis contain THC?
- What is the impairment time of your cannabis?
- Is there still THC in your system?
If your cannabis didn’t contain THC, then driving is okay as CBD only cannabis is non-impairing. If your cannabis did contain THC, then it depends on how you’ve consumed cannabis. Here we’ll cover impairment, but if you want to learn more about cannabis and drug testing, please read the, how long does cannabis stay in your system article.
When is it safe to drive after a cannabis oil or tincture?
Cannabis oils and tinctures have a different pattern of effect than inhaled cannabis. The time that it takes an oil or tincture to take effect depends on a number of factors including body mass, metabolism, sex and eating habits.
Onset typically happens between 30-90 minutes and if the cannabis has THC then the peak impairment tends to be between two and four hours. Some studies have shown impairment lasting even longer.
So, to be very safe, we recommend you wait up to 8 hours after consuming a cannabis oil/tincture product containing THC.
When is it safe to drive after smoking or vaping cannabis?
When cannabis is smoked or vaped it enters your system very quickly. The factors that come into play with an oil/tincture or edible don’t have the same impacts.
When cannabis with THC is inhaled the onset happens within minutes and peak impairment is between 30 minutes to an hour. While the peak impairment is quite short, the duration of effects can last between two and four hours.
When smoking/vaping cannabis it’s best to wait for about 5 hours to drive, well beyond the average impairment period.
One of the important things to realise is these are estimates and based on findings from current clinical research. Cannabis affects everyone differently. So this is something, even with more research, that we’re probably not going to come up with specific answers to.
When is it safe to drive after taking an edible?
Edibles are similar to an oil or tincture. Onset is between 30-90 minutes and peak impairment from THC is often between two and four hours. Some studies show impairment lasting even longer.
Before driving, wait up to 8 hours after consuming a THC infused edible (results may vary).
Driving laws by state
Driving with THC in your system is illegal in each state and territory. However, each state has specific laws that you must abide by. Here is the specific direction from each state on medical cannabis and driving:
- Medical cannabis and driving in Victoria
- Medical cannabis and driving in New South Wales
- Medical cannabis and driving in Queensland
- Medical cannabis and driving in South Australia
- Medical cannabis and driving in Western Australia
- Medical cannabis and driving in Tasmania – documentation doesn’t exist
- Medical cannabis and driving in Australian Capital Territory
- Medical cannabis and driving in Northern Territory
Cannabis and driving don’t mix, even more so than alcohol and driving because there isn’t a standards system in place when it comes to cannabis. The research shows that THC can impact driving. And, that CBD may have physical effects on your system, but it’s unlikely to have an impact on your driving.
In Australia laws between states vary and some are more strict than others. In Australia, driving with any THC in your system is 100% illegal whether you’re taking medicinal cannabis or otherwise. So if you’re getting a drug test at work or are concerned about driving, understand the detection window of cannabis in your system.
The bottom line is that you should not drive under the influence of marijuana.
Safety for yourself and fellow Aussies is of utmost importance. The cannabis community is for all who need cannabis for health and wellness. Cannabis however is a drug and should be used responsibly and only when prescribed. If you’ve used cannabis in the past 24 hours please don’t drive.
Is driving on CBD dangerous?
CBD consumption is now legal in France. Despite this legalization, the legislation governing it remains unclear.
This nebulous framework leads consumers to wonder whether, despite its therapeutic effect, it is possible to drive after consuming CBD.
Driving after CBD consumption is a road safety hazard. Indeed, CBD can cause drowsiness and dizziness. In addition, a police control by saliva test will detect traces and will be positive.
We therefore advise against driving under CBD, so as not to expose yourself to a screening test which would result in an offence.
Can we drive after consuming CBD?
If CBD is at first sight harmless and causes a feeling of appeasement, it still has some side effects that must be taken into account. Indeed, cannabidiol acts on the brain by increasing the levels of GABA and anandamide.
These substances present in our skulls act on the mental state by causing a rapid and powerful relaxation.
Of course, these effects are mild and pleasant, but they can cause mood swings, fatigue and dizziness.
This is why we prefer to dissuade you from driving after consuming CBD, to avoid any fines or problems with the public prosecutor.
It is better not to expose yourself and others to risks on the road. Protect yourself and don’t drive under the influence of cannabidiol, however small.
Nevertheless, if you want to take the road, favor low doses of CBD so as not to find yourself involved in an accident, which in the eyes of the law would have the flavor of a crime. Thenews about cannabis and CBD is full of stories about drivers who have consumed it before driving.
How long can you drive after consuming CBD?
Generally speaking, the minute traces of THC present in CBD (0.2%) tend to disappear after about 6 hours. This is the minimum time you should wait before driving.
Therefore, if you work during the day, and you have to drive to work, it is advisable to wait until the evening to start consuming therapeutic cannabis.
In itself, CBD consumption does not represent an extreme danger for driving. But if you react badly to it, and notice side effects, then it is better to avoid driving.
In addition, the French repressive laws may condemn you for the slightest level of THC in the body, and you have a probability of exposing yourself to some problems with the law.
The effects of CBD on the body and mind
CBD deploys a wide range of beneficial results for the body and mind. It fights carcinogenic cells, acts as a support for certain pains or allows you to reduce your smoking or even stop smoking completely.
Even if many studies are still being carried out, there is no longer any doubt that cannabidiol is a promising molecule, and some patients suffering from anxiety or diseases such as Parkinson’s already use it as an ally against their pathology.
Although it is quite controversial in the eyes of the French authorities, CBD is emerging as a real ally of the human being, which will relieve various cases of more or less benign pathologies.
In the balance, it is clear that the positive effects take largely the top, compared to the negative side effects that remain bearable.
The side effects of cannabidiol
Like all molecules, cannabidiol has its side effects, although they are not alarming, it is always advisable to be aware of them when consuming it. Here they are:
- CBD can cause a drop in blood pressure when taking a large dose of CBD oil;
- It also causes nausea;
- If you experience a drop in blood pressure when consuming cannabidiol, you may feel dizzy and lightheaded;
- Ingesting CBD sometimes causes a dry mouth sensation. This is caused by the activation of endocannabinoid receptors which causes saliva production to stop. It is uncomfortable, but without consequences
- Some people suffer from drowsiness or insomnia when using this molecule.
What the law says about CBD consumption:
The law allows the consumption of products containing CBD on the condition that the ingredients do not exceed a THC level of 0.20%.
This regulation is strict and it concerns the content and not the finished product, so be careful not to be fooled!
This hemp derivative can be sold, bought and consumed legally as long as you take care to check the source and the list of ingredients.
In addition, smoking CBD flower remains prohibited.
Understanding what CBD is and how it differs from THC
CBD, whose full name is cannabidiol, is a molecule from plants classified in the cannabinaceae family. These cannabinoid plants include different varieties of hemp and cannabis, including Cannabis Sativa from which the CBD molecule is extracted.
Cannabis is well known for its psychotic effects and its famous classification as a drug. These harmful effects are caused by another molecule: tetrahydrocannabinol aka THC.
It is a powerful psychotropic drug, which is why it is considered a narcotic.
If CBD comes from the same plant, it does not cause the same consequences. Indeed, if the sulphurous reputation of its cousin THC overshadows it, it is good to note that cannabidiol is not a psychotropic, but rather a product rich in benefits.
It is found in cosmetics, e-liquids and dietary supplements in various forms. Its consumption, subject to certain conditions, is legal on French territory, while the consumption of THC remains severely punished by law.
Can CBD be transported by car?
The question is legitimate, especially when the car journey involves crossing a non-European border. Before going any further, we are talking here about transporting CBD products acquired legally, from an authorized wholesaler or reseller and in compliance with the regulations in force.
Are therefore excluded are CBD products whose THC concentration exceeds 0.2%, spoiled products or those from contraband. If your CBD product does not comply with these rules, it is not only transport by car that is prohibited. It is the actual possession of the product that is prohibited for obvious reasons. It should also be noted that professionals who transport large quantities of CBD must provide proof of all the usual documents relating to the transport of goods.
Transporting CBD by car in France and the EU
Let’s start with the transport of CBD by car in France and in the countries of the European Union. Since the decision of the Court of Justice of the European Union (CJEU) rendered on November 19, 2020 in the “Kanavape” case, EU member states cannot prohibit the marketing and transport of legal CBD, it that is, less than 0.2% THC and derived from the Cannabis L. Sativa plant in its entirety.
Indeed, insofar as CBD with a very low THC dose is not considered a narcotic by the European legislator, its transport, including by car, falls within the framework of the free movement of goods. , a founding principle of the EU. In short, it is perfectly legal to transport CBD by car in France and in EU countries. However, here are some tips to avoid unpleasant surprises in the event of a police or customs check:
- Wherever possible, keep your product sealed during transport by car;
- Get a certificate from a CBD seller who gives you a certificate documenting, among other things, the THC level;< /li>
- The transport of pure CBD leaves and flowers can sometimes be problematic due to the legal status of these products. Indeed, a ministerial decree had come to prohibit the marketing of these references on December 30, 2021, before being temporarily suspended by the Council of State in January 2022. The highest administrative court must still render a substantive judgment on the subject. Specifically, pure CBD leaves and flowers are legal until further notice. This is also the case for their transport by car. The question is, are all police and customs officers up to date on this? If in doubt, avoid transporting this type of product by car, especially in large quantities.
The special case of CBD medicines in France
In France, the Ministry of Health and Solidarity has launched a major experiment to assess the therapeutic potential of CBD and THC drugs. This study, still ongoing, allows some doctors to prescribe CBD and THC drugs and some pharmacists to market them. Several thousand patients are concerned, in particular those who suffer from neuropathies such as epilepsy, those who suffer from recalcitrant pain as part of oncological symptoms, multiple sclerosis, etc.
If you are one of these patients, you can transport your CBD and THC medicine by car provided you can provide proof of a medical prescription. We advise against transporting CBD medicines by car outside France for a simple reason: their THC concentration can exceed 0.2%, and the status of CBD medical is not clear in all EU countries.
Can CBD be transported by car outside the EU?
The legal subtleties require a personalized response, depending on the country of destination and the countries traveled during the journey. However, the risk is enormous. Our advice is therefore clear: avoid transporting CBD by car (or any other means of transport) when traveling to a country outside the European Union.
The presence of THC and the fact that the CBD comes from cannabis can very well make you fall under the law against drug trafficking, with most often very severe penalties which can go as far as death penalty as in Singapore, the Philippines or Saudi Arabia. Closer to home, Turkey punishes “drug” owners with life in prison, and CBD may fall into this category.
Can You Drive After Vaping CBD?
Can you drive after vaping CBD?Yes, you can. CBD oil is made by extracting the active medical component in marijuana; cannabidiol and contains only 0.3% THC. That’s insufficient to impair your judgment while driving. The use of CBD oil has risen with scientists claiming that this product has the ability to boost the immune system of the user among other effects.
Read on to find out more about CBD oil products and the safe way to use them.
Can you drive after vaping CBD? Understanding your body
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The trick is finding the oil product that’s good for you and identify the right brand. Some of these beneficial effects include; reduction of stress and general improvement in your health and moods. You can determine the right CBD oil by observing how your body reacts to the same dosage of different oil products.
Finding the right dosage
Before you can start driving after vaping CBD, it is important that you first observe how your body interacts with CBD oil and find a dosage that works well with your metabolic system. Your doctor can recommend a good list.
Carry out thorough research about the manufacturer of the CBD oil so as to know the different chemicals contained in the product. Some suppliers will produce CBD oils with 0.3% concentration of THC while others have 0%.
Can you legally drive on CBD oil?
Yes, you can legally drive on CBD oil as long as the oil got extracted from hemp and doesn’t contain more than 0.3% THC. Prolonged use of this product in an uncontrolled manner may affect your brain capacity to react to sudden changes in your environment, reduce your concentration spun and affect your driving abilities. This is why it is recommended that you try out a new oil product in a safe space and monitor the psychoactive effects that it causes on your body before driving while using it.
It’s legal to drive while using CBD because of the low THC levels that ensure you are not intoxicated. Instead, your mind is a state of relaxation that doesn’t interfere in any way with your driving skills. You should, however, watch out for the state regulation as some states have zero tolerance to any THC traces found in your body while driving, regardless of the THC concentration levels.
Does CBD impair?
It’s still unclear whether CBD usage can cause impairment as there’s numerous research being undertaken by various scientists as they try to understand the impact of cannabis oil extract on our brains. Some of the documented side effects that have been experienced by epilepsy patients who are legally allowed to use CBD oils is diarrhea and drastic weight changes. Therefore, we can agree that the use of CBD doesn’t impair you to a point that you can’t drive or operate machinery.
When compared to alcohol and other drugs that impair judgment, CBD is by far the safest natural drug that has no record of causing death or affecting your ability to drive.
Can you take too much CBD?
There have never been any reports of people dying because of taking too much CBD oil. However, you can get undesirable negative effects from taking too much cannabis. So what happens when you take too much CBD? Some of the most common side effects of taking too much CBD oil include severe headaches and general body fatigue that doesn’t seem to wear off. This is why it is recommended that you start taking CBD oil in small doses until you find the amount that is in harmony with your body.
Research has shown that cannabis content found in CBD oils tends to be bi-phasic. This means that the effects that your body will experience after taking the oil products are determined by the amount of oil that is consumed. When taken in large amounts, CBD oils act as a sedative and make one have extended periods of deep sleep. On the other hand, small and controlled dosage of the same oil will act as a stimulant and increase the functioning of the central nervous system, enabling the user to remain alert for a long time.
Is CBD legal in all 50 states?
The legality or illegality of CBD in all 50 states is dependent on the source of the oil. CBD oils can be extracted from plants like hemp and parsley that have natural-occurring THC or from marijuana. Use of hemp-derived CBD oils which are mainly found in food supplements is legal in all 50 states while marijuana CBD oils are illegal. You should, therefore, confirm the source of your CBD oils to avoid violating state laws.
CBD oils can also be legally used as a prescription drug for epilepsy as they help the patient to get sufficient rest and reduce the pain they might be going through. This is the only way that CBD oil extracted from marijuana can be used legally in all the 50 states
Can you get a DUI for vaping CBD?
While it might be legal to use CBD oil products, the interaction of this policy with traffic rules is different and you might get a DUI for CBD in some states. This confusion is brought about by the fact that the DUI laws were written when no form of cannabis usage was allowed by the government. It’s, therefore, very important that you research on the laws of a particular state regarding CBD or consult with your attorney if you get a DUI for CBD.
You can get a DUI for CBD if you were driving in a reckless manner. The police judge your driving ability while under the influence by how you pull over when you are flagged down by an officer and how you interact with them. If your behavior shows signs of intoxication from CBD use then they might charge you for DUI.
To be convicted for driving while on CBD, a blood test will have to be carried out at the police station to determine the THC levels in your body. If the results show that your THC levels are higher than the legal limit in that state, you get convicted with DUI. To protect yourself from such an incident, you should get your CBD from a trusted dealer and use it in a responsible manner.
Driving while under the influence of CBD is considered to be legal as the product doesn’t cause any intoxication or affect one’s ability to drive or operate machinery. Although the effect of the use of these oil products varies according to the volume consumed and individual body reaction, CBD oils are safe to use before going for a drive.
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