CBD in road traffic: Is my driving licence at risk?

CBD in road traffic - Is my driving licence in danger?

Contribution on CBD in road traffic in cooperation with lawyer Mag. Zaid Rauf, among other things, an expert on the Narcotic Substances Act in Austria.

Cannabis is no longer just known for its psychoactive - and illegal - component THC. Cannabidiol, or CBD for short, is booming as a herbal medicine.

As well as having a stress-reducing and calming effect, cannabidiol is also said to have enormous healing powers against inflammation and diseases of all kinds. You can find out more about the effects and use of CBD in our Articles on CBD. 

The other side of the coin: most CBD products also contain a very low level of THC.

As a result, critics are finding it difficult for the herbal miracle cure to finally make the leap out of the illegal drug corner. This often raises the question of how safe CBD is on the roads from a legal perspective.

In the article, Mag. Rauf answers the following questions about CBD and driving:

Is CBD prohibited in road traffic?

CBD does not have a mind-altering effect and therefore does not influence the ability to react. Therefore, the consumption of CBD products is legal in Austria. One would think that for these reasons one could consume CBD without hesitation. The problem, however, is that almost all CBD products often also contain Contain THC.

This is mainly due to the fact that high-quality CBD preparations are made from full extracts containing the entire spectrum of ingredients of the hemp plant, including THC.

On the legality of CBD in road traffic, lawyer for criminal law Mag. Zaid Rauf says"Since the consumption of CBD is not punishable by law and does not impair the ability to drive, it is also permitted to drive under the influence of CBD.

However, problems can still arise, as some CBD products have an - albeit negligible - THC content and there is a possibility that this THC content will show up in a drug test."

The illegal active ingredient THC is also extracted from cannabis, but unlike CBD, it has a psychoactive effect. Therefore, the consumption of THC and driving under its influence are illegal in any case.

Can CBD be detected in a drug test?

No, because drug tests do not react to CBD. However, most CBD products contain a small amount of THC. In Austria, this may not legally exceed 0.3 %. Across Europe, the limit value is 0.2 %.

So you almost always ingest a small amount of THC when you consume CBD products. There are only a few CBD products without THC content that are made from isolates. CBD isolates are also not authorised as food in the EU, for more information see the article on Legal situation of CBD.

With extremely regular and high-dose CBD use, a small amount of THC may show up in a drug test. Lawyer Mag.

Zaid Rauf knows: "Then it's a question of 'assessing the evidence' to show that the amount of THC comes from the consumption of CBD and not from marijuana. This can be a difficult endeavour in front of the road safety authorities and the investigating authorities.

For this reason, it makes sense to use products with a higher concentration of CBD. These also comply with the limits, but a lower amount of CBD already shows the same effect. Furthermore, products with a lower THC content are to be preferred.

How do I prevent driving with CBD from costing me my licence?

If you regularly consume CBD products with THC content, you should carry the product packaging and the customer receipt in your car.

This way, you can present it in the event of a positive drug test. However, this is also no guarantee that the authorities will believe that the THC detected in the test is "only" due to the legally purchased CBD products.

Lawyer Zaid Rauf also says: "It is recommended to pay attention to the purity of the CBD product - if you want to be sure, you should consume CBD products with a THC content of about 0 - then the drug test cannot be positive for THC.

Can I travel abroad under the influence of CBD?

CBD is a fairly new product and regulations are still being changed and adapted. In addition, each country has its own regulations for CBD in road traffic.

If you want to travel abroad by car, find out in advance about the regulations that apply there.

More information on the legal situation of CBD in Austria:

Attorney-at-law Zaid Rauf
Law office at Franz-Josefs-Kai 5/9, 1010 Vienna - Innere Stadt district, near Rotenturmstraße / Schwedenplatz
Web: ra-rauf.at
Mail: office@ra-rauf.at
Tel: 0676 6017746

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