The strict zero tolerance policy for THC while driving continues to worry the Union of Well-being and Relaxation Cannabis Professionals (UPCBD). Having rejected its previous appeal to the Council of State, the UPCBD is therefore launching a petition on the National Assembly website to try to influence the public authorities.
Why want to raise the THC thresholds authorized while driving?
For the UPCBD, zero tolerance of the presence of THC in the saliva or blood of a motorist is in contradiction with the judgment rendered in 2019 by the Court of Justice of the European Union in the “Kanavape” case . The Court thus ruled that France cannot ban “light” or “CBD” cannabis products unless it can provide proof of a risk to public health. The UPCBD believes that this evidence is lacking, as shown by the increase in sales of these products throughout the country.
However, the strict zero tolerance policy is inconsistent given the legality of products containing it, therefore exposing CBD consumers to legal risks.
The association emphasizes that CBD products, even if they contain traces of THC, pose no risk to public safety when THC is present in trace amounts. Scientifically, THC in trace form has no psychotropic effects, and therefore does not impair psychomotor capacity and the ability to drive safely. Despite this, CBD consumers are systematically prosecuted and have their licenses suspended, even when THC levels are infinitesimal.
The UPCBD attempted to contest this situation by filing an appeal before the Council of State with a view to asking the Court of Justice of the European Union for a preliminary ruling. However, its request was rejected, which allows the association to assert that this zero tolerance policy indirectly prohibits light cannabis products in France. According to her, this contradicts the principles of free movement of goods set out in Articles 34 and 36 of the Treaty on the Functioning of the European Union, which underlines the need for intervention by the Court of Justice of the European Union.
The association's view raises broader questions about the inconsistency of the French justice system's treatment of cannabis users compared to users of other substances. While recreational cannabis remains illegal in France, the prolonged detection window for THC in the body creates what the UPCBD considers to be an injustice. Users can have their license suspended several days or even weeks after their consumption, even though the substance no longer has any effect. Surprisingly, the system is less strict for users of substances like cocaine, amphetamines or opiates, whose tolerance thresholds are significantly higher than those for THC.
To address these concerns, the UPCBD is calling for the establishment of a tetrahydrocannabinol limit in the highway code, similar to the alcohol limit. She advocates for this limit to be based on rigorous science, which would allow for a fair and consistent approach to driving laws related to cannabis use.
The UPCBD therefore invites you to relay and sign their petition via this link.
