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

CBD while driving

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 known only for its psychoactive - and illegal - component THC. Cannabidiol, or CBD for short, is booming as a herbal medicine. Besides stress-reducing and calming effects, cannabidiol is also said to have an enormous healing power against inflammations and diseases of all kinds. You can find out more about the effect and application of CBD in our Articles on CBD

The other side of the coin: Most CBD products also contain a very low level of THC. This makes it difficult for the herbal miracle drug to finally make the leap out of the illegal drug corner among critics. Therefore, the question often arises as to how harmless CBD is in road traffic from a legal point of view.

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 whole extracts with the entire spectrum of ingredients of the hemp plant, which also includes THC.

On the legality of CBD in road traffic, lawyer for criminal law Mag. Zaid Rauf saysSince the consumption of CBD is not punishable and does not impair driving ability, it is also permitted to participate in traffic under the influence of CBD. However, problems can still arise, as some CBD products contain a THC content - even if it is very small - 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 %. Throughout Europe, the limit 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, which are made from isolates. CBD isolates are also not permitted as foodstuffs in the EU, for more information see the article on CBD in the EU. Legal situation of CBD.

In case of extremely regular and high-dose CBD consumption, it may happen that a small amount of THC shows up in a drug test. Lawyer Zaid Rauf knows: "Then it is a question of 'assessing the evidence' to show that this amount of THC comes from the consumption of CBD and not from marijuana. This can be a difficult task in front of the road surveillance 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 containing THC, you should carry the product packaging and the customer receipt in your car. This way you can show it in case 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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