CBD and saliva testing

CBD and saliva tests on public roads

Saliva tests are of concern to all of us: drivers of coaches, buses, cars, motorbikes, scooters, bicycles, scooters and of course our friends the truckers. The police and the gendarmerie use these tests during random checks on public roads in order to detect the presence or absence of certain drugs in a driver's saliva. These tests are also used following road accidents.

Drugs Info Service informs us that: French law prohibits driving after using narcotics. There is no threshold below which such use would be permitted. The legislation provides for several different cases: screening may be mandatory, optional or preventive.

Screening is mandatory in the event of a fatal accident ("one which had immediately fatal consequences", according to the highway code) or bodily injury (injuries).

Screening is also possible, but not mandatory, in the following cases:

1. When an accident that "only" causes material damage occurs
2. When a traffic violation has been committed
3. Where there is one or more reasonable grounds to suspect that a driver has used narcotics

Finally, outside of these three situations, drivers of a vehicle, even if it is stationary, may be subject to a drug screening test.

As part of supervised driving, the accompanying person of a learner driver may also be subjected to this test. We did not find in the testimonies any mention of saliva tests on ordinary pedestrians. The only saliva tests concerned people arrested in possession of drugs, consuming them, or having signs that could suggest that they were under the influence of narcotics.

CBD and saliva tests in business

Saliva tests can also be used within a company, by an employer who suspects an employee of consuming and/or being under the influence of drugs during work. Indeed, according to the labor code: "The employer takes the necessary measures to ensure the safety and protect the physical and mental health of workers."

This practice should only be used within a very strict legal framework:

1. The saliva screening test must not significantly interfere with the employee's privacy
2. Safety requirements must justify its use, i.e. the test can only concern so-called risky positions (driving a vehicle or machine, handling dangerous products, working at height, for example)
3. The employee must be able to request the presence of a third party and a counter-expertise

Clarifications regarding CBD and saliva tests

Saliva tests can detect the presence of drugs in your body but not the quantity (a minimum quantity of drugs is still necessary for the test to be positive).

These saliva tests can, depending on the model, detect the presence of one or more drugs: amphetamines, methamphetamines, cocaine, opiates/morphine, synthetic drugs (MDMA, ecstasy, etc.), benzodiazepines (in prescription medications for example), and of course THC present in cannabis.

There are also other forms of sampling such as urine tests and blood tests which will be the subject of a future article.

CBD products come in different forms: CBD flowers, CBD resins, CBD oils, CBD e-liquid, CBD teas and herbal teas, etc. In these products, France only allows the presence of THC in the plant at a dose of less than 0.2%. You can also find CBD products without any trace of THC (they are called CBD broad spectrum / CBD à spectre large).

THC-Free CBD Products and Saliva Tests

There are CBD products that do not contain any trace of THC (the psychotropic molecule of cannabis). These products have been designed in such a way that the THC contained in the plant has been eliminated, we speak of "Broad Sprectrum" or "Large Spectrum". All other molecules (CBD, CBG, CBN etc.) are preserved. If you consume CBD and do not want the presence of the THC molecule in your product at all, this is the first element that will need to be checked.

Nous vous indiquons tout de même qu'une synergie CBD / THC améliorerait les bienfaits recherchés par la consommation de CBD. Précisons également que le THC dans ce cas, doit être présent en infime quantité (<0.2%). La consommation du THC à dose importante pouvant provoquer des effets indésirables graves.

During a saliva test, the unique presence of CBD will not be sought and therefore not detected, so you risk nothing.

CBD Products with THC and Saliva Tests

For THC, the saliva test will react positively according to several criteria: time elapsed between consumption of the product and the test, quantity of product consumed, frequency of product consumption, but also the form of CBD product consumed. The THC level detected during a saliva test comes from the molecules that attach to the walls of your mucous membrane, which is why some people use mouthwash-type products to potentially reduce the risks of a positive test.

To give you an idea, let's take the example of a person consuming illegal products with a high THC content. The presence of THC in their saliva can vary: from 6 to 8 hours in the case of occasional and moderate use (a weekly dose for example); up to 24 hours for more than one dose per week; up to 8 days after stopping consumption in the case of chronic daily use. (More information in our article on CBD and driving )

In all CBD products in France, THC levels are very low. As a result, a significant amount must be consumed to make saliva tests react. According to some studies, the few positive tests reported came from consumers who smoke CBD ( flowers , resin , etc.), which we remind you is strongly discouraged due to the harmful effects caused by combustion.

In the event that the test reacts positively, the person must report any recent intake of CBD products and request a counter-expertise using a quantitative screening test via a blood test.

If you have any doubts, and to reassure yourself, you can get saliva tests on the internet. The laboratories that supply the authorities (police and gendarmerie) also sell them to individuals individually.

Let us remember that thanks to the European Commission, CBD in France as in the whole European Union is not considered a drug. The sale and use of CBD in France is legal. Let us also remember that CBD is classified in the category of food supplements but that it is not a medicine and that it cannot be used as such.

The Cali Weed team