Driving and CBD: Everything You Need to Know

In this blog we will answer all your questions related to the use of CBD flowers or CBD oils and driving. We will explain how CBD affects your ability to drive, whether you can test positive for drugs while using CBD, what the possible fines are and how to appeal. If you are using CBD and are wondering how it can affect your driving, or what to do if you are tested for drugs, you have come to the right place.

What is CBD?

CBD (cannabidiol) is a compound found in the cannabis plant. Unlike THC, CBD is non-psychoactive, meaning it does not cause a “high.” It is often used to relieve pain, reduce anxiety, and improve sleep. CBD products are legal if they contain less than 0.3% THC. Below this threshold, CBD cannabis is legal because it is not considered a drug.

Driving and CBD: Impact and possible legal consequences

Does CBD affect driving ability?

CBD is not psychoactive and should not affect your ability to drive. It is important to make sure you buy CBD with minimal THC content (under 0.3%) and start with a low dose to see how it affects you. In some cases, especially at high doses, some people may experience side effects such as drowsiness or dizziness, which can make it difficult to drive safely.

How does CBD affect attention and concentration?

Some research suggests that CBD may improve concentration by reducing stress and anxiety, factors that affect the ability to focus. However, studies are sparse and no firm conclusions can be drawn.

Can regular use of CBD lead to a positive result at a traffic control?

Regular use of CBD can lead to a positive drug test result, especially if you use CBD products that contain a small percentage of THC, such as flowers, resins, or Full Spectrum CBD oils. Although these products are legal and not considered a drug, regular use can lead to a positive test result on a road test due to the presence of trace amounts of THC.

Can CBD give a false positive result?

CBD is eliminated from the body by generating its own metabolites, different from those of THC. Therefore, using pure CBD should not result in a positive result on a cannabis test. However, full-spectrum products that contain trace amounts of THC may result in a positive result.

Can CBD flowers cause a positive drug test result?

CBD flowers contain THC in concentrations lower than 0.3%, making them non-psychoactive and not classified as a drug. However, due to the presence of trace amounts of THC, regular or heavy use can result in a positive drug test result.

How long does it take after using THC for it to not show up on a drug test?

The time it takes for THC to be detected depends on frequency of use, dosage, and individual characteristics. In casual users, THC can be detected up to 72 hours after use, while in heavy users, it can be detected for more than 30 days after the last use. This is because THC and other cannabinoids are stored in the body's fatty tissues and can be detected for weeks or even months after use.

Can CBD be converted into THC?

No. Although a study was published in 2007 suggesting the conversion of CBD to THC under very specific experimental conditions, these results have not been confirmed in humans.

What are the fines for testing positive for THC?

In Bulgaria, the penalty for a positive THC test while driving can include monetary penalties and the loss of points from the driver's license. In addition to the administrative penalty, if the authorities determine that the ability to drive is impaired, for example through obvious symptoms such as nervousness, dilated pupils or lack of balance, a criminal penalty may also be imposed, which may include the loss of the driver's license, an additional fine, community service or even imprisonment.

Roadside checks: Positive test for THC

Unlike alcohol tests, where the level of intoxication is assessed in per mille, drug tests only detect the presence of drugs in the body, without distinguishing the degree of effect. This can lead to sanctions even if the drug was used the day before and no longer affects driving at the time of the control.

How to appeal a fine for positive THC if you use CBD?

If you receive a sanction, it is always advisable to consult an attorney with experience in the field, who will advise you individually and give a realistic assessment of the process. In Bulgaria, if you test positive for THC in a drug test, one of the strategies is to request a blood test as a contrast test to ensure the accuracy of the measurements of THC levels in the body. This right is guaranteed by law and it is advisable to insist on it during the sanction, only if you are sure that the positive test result does not reflect your real condition.

In practice, sometimes law enforcement officers do not offer this contrast test or try to dissuade you by claiming that it is expensive. In Bulgaria, the cost of performing a contrast test to confirm the results of a drug test can be significant. This fee must be paid by the interested party as a “pre-deposit”. If the result of the blood test is negative, the cost of the test will be refunded to the applicant. It is also important to add that the person must go to the hospital under the protection of officers; otherwise the test will not be valid. It should also be noted that the law punishes the presence of drugs in the body, regardless of whether they affect driving at the moment or not. Therefore, it is advisable to request a contrast test only if there is certainty of a negative result.

Last but not least, it is important to remember that road safety depends on our responsibility behind the wheel. Avoid distractions such as cell phones or screens, haste and recklessness. Whether you are using CBD, a cup of coffee, a glass of wine, a cigarette or any other substance; whether you are having a bad day or just want to get there quickly - only drive if you are sure you can do it safely. Safe travels!