In France, if the consumption of cannabis is illegal, the consumption of cannabidiol (CBD) is quite tolerated. CBD is a active compound (cannabinoid) contained in the cannabis plant. But then, for novices, it is to understand nothing! In reality, it is tetrahydrocannabinol (THC), a cannabinoid also present in cannabis, that is classified as a narcotic under French law. If these two cannabic molecules are very distinct in all respects (effect, atomic composition, concentration, …), their origin is the same: hemp.
To detect the potential use of a drug, different tests (salivary, urinary, blood and capillary) more or less reliable, fast and precise are set up. Since 2017, a new saliva test has emerged to simplify the execution of the screening and thus, reduce the time to obtain the result. But, a question still arises: can CBD consumption, given its origin, make the test positive for drugs?
Detection of CBD in a saliva test
It is well on this cannabic origin that doubts are installed as for the detection following a consumption of a product with CBD.
For the past twenty years, in France, numerous screening tests have been carried out in companies and on the roads to determine whether a person is under the influence of drugs. The consumption of classic cannabis is indeed illegal, because dangerous :
- for the health of the consumer
- risk for other road users because of its psychotropic effects.
Cannabis compounds: effects and legislation
Cannabidiol (CBD)
and tetrahydrocannabinol (THC) are the two main cannabinoids, among the hundreds listed, found in cannabis. If their origin is similar, their effects and, therefore, the legislation that concerns them, are different:
- THC: psychotropic molecule. In addition to the dangers for the health if combustion (smoker), it can bring its user, to paranoia, to behavioral disorders, to a social isolation and to a psychological addiction. For these reasons, this substance is classified as a narcotic. Its possession, sale, use and exploitation are prohibited in France (1 and 2). Despite its illegality, THC-laden cannabis remains widely consumed for its effects. It provides notably, cerebral stimulating effects (cerebral high), euphoric, soaring (stone) and relaxing.
- CBD: non-psychotropic molecule. Its main effect is to relieve the body and mind by stimulating muscle relaxation. Since it is not on the list of scheduled narcotics, it is considered legal. This popular compound can be found in various forms in order to meet the expectations of all. It is currently flooding the French and European market.
The different drug tests in 2021
To date, there are 4 main tests to detect the use of a narcotic substance (
drug
). While each of these tests serves this purpose, they are not all equal in terms of feasibility, duration, cost and quantitative accuracy:
- The urine test: this test is still widely used by companies. Especially when hired or when drug use is suspected. It is simply a matter of testing the urine. Thus, the presence or absence of metabolites ( 11-nor-9-carboxy-Δ ⁹-tetrahydrocannabinol) from the breakdown of THC (Δ9-tetrahydrocannabinol) by the body is observable. For an occasional user, this detection can be done up to one month after the last use of cannabis. This duration can be multiplied by 2 for a regular consumer.
- The hair test: it consists in taking a hundred hairs with their bulb at the crown of the head. THC can be detected in the hair up to 3 months after the last use.
- The blood test: expensive, time-consuming and intrusive, it is more rarely used. However, it can be done on request to challenge a saliva test, for example. Unlike the urine test, here it is the THC that is sought and not its composite. In the blood, the presence of THC can be detected from 2 to 20 days depending on the type of consumption (occasional, moderate or frequent).
- The saliva test: arrived in the 2000s, it is not always reliable (false positives or false negatives).
Saliva testing in 2021
In order to simplify and accelerate police control on the road network, the use of salivary tests is strongly developing. Its unreliability in the early days has led to a number of challenges. But, since 2017, a new saliva test kit has been developed. It allows for more reliable screening. As with other tests, the presence of THC can be revealed even after several days without taking the substance (from several hours to 30 days depending on the type of consumption).
Currently the salivary test is widely used. It does not reveal the dosage of the incriminated substance but, its presence in a relative duration. From a legal point of view this does not change anything. Indeed, in any case, its consumption is prohibited. However, this timelessness can lead to controversy about its effectiveness and its dangerousness behind the wheel. It is true that a user can test positive one month after his last consumption, when he is no longer under the influence of THC at the time “t” of the test.
Positive salivary test and CBD
The new saliva test kits consist of a small pad with swabs. These are rubbed against the inside of the mouth and tongue for one minute to deposit saliva. They reveal the potential presence of 5 drugs without being quantitative:
- cannabis, cocaine, heroin, ecstasy and amphetamines.
In reality, the cannabis detected is not the plant as such, but its main cannabinoid, THC. CBD being legal, no test currently (salivary or other) seeks its presence. Therefore, a legal CBD product can be consumed without the risk of testing positive. The product with CBD must indeed meet the French legislation in force (THC rate lower than 0.2%).
Saliva test after consumption of a CBD flower
It should be noted, however, that
hemp flowers
are the parts of the plant that contain the highest levels of cannabinoids. Their consumption can, in very rare cases (sensitive people), generate a positive test.
Some cannabidiol products products may be more reassuring if you have to drive and risk a drug test:
CBD oil
oil, roasted hemp seeds or zero THC oil capsules.
CBD enthusiasts can rest assured! The consumption of cannabidiol products (oil, flowers, seeds, resin, capsules, …) will not result in a license suspension, fine or dismissal following a saliva test. Indeed, this molecule is legal and not searched during the analyses. However, if CBD does not make you high, it is very useful to relax and fight against insomnia. It may, therefore, cause slight drowsiness. It is then preferable not to drive immediately after its use.
FAQ: CBD and testing
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References:
- Order of February 22, 1990 establishing the list of substances classified as narcotics: https://www.legifrance.gouv.fr/loda/id/JORFTEXT000000533085/2020-10-09/
- Article 222-37 of the Penal Code: https://www.legifrance.gouv.fr/codes/id/LEGIARTI000006417724/2002-01-01/
