CBD and saliva testing

CBD and saliva tests on public roads

Saliva tests affect us all: drivers of buses, coaches, cars, motorcycles, scooters, bicycles, scooters and, of course, our friends the lorry drivers. The police and gendarmerie use these tests during unannounced roadside checks to detect the presence or absence of certain drugs in a driver's saliva. These tests are also used following road accidents.

Drogues Info Service points out that: French law prohibits driving after using narcotics. There is no threshold below which such use would be authorized. The law provides for several different cases: screening may be compulsory, optional or preventive.

Testing is compulsory in the event of a fatal accident ("one with immediate fatal consequences", according to the Highway Code) or personal injury.

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

1. When an accident that causes "only" property damage occurs
2. When a traffic offence has been committed
3. When there are one or more plausible reasons to suspect that a driver has used narcotics

Finally, outside these three situations, drivers of a vehicle, even when stationary, may be subject to a drug test.

In the context of accompanied driving, the accompanying person of a student driver may also be subjected to this test. We did not find any reports of saliva tests being carried out on ordinary pedestrians. The only saliva tests carried out concerned people who had been arrested in possession of drugs, were using drugs, or showed signs of being under the influence of drugs.

CBD and saliva testing in the workplace

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

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

1. Saliva screening test must not significantly infringe on employee privacy
2. Safety imperatives must justify its use, i.e. the test can only be applied to so-called high-risk jobs (e.g. driving a vehicle or machine, handling hazardous products, working at height).
3. The employee must be able to request the presence of a third party and a second opinion.

More about CBD and saliva testing

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

Depending on the model, these saliva tests can detect the presence of one or more drugs: amphetamines, methamphetamines, cocaine, opiates/morphine, synthetic drugs (MDMA, ecstasy, etc.), benzodiazepines (in prescription drugs, for example), and of course the 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 later article.

CBD products come in a variety of forms: CBD flowers, CBD resins, CBD oils, CBD e-liquids, CBD teas and herbal teas, and so on. In these products, France only authorizes 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 (known as CBD broad spectrum).

THC-free CBD products and saliva testing

There are CBD products that contain no trace of THC (cannabis' psychotropic molecule). These products have been designed in such a way that the THC contained in the plant has been eliminated, and are known as "Broad Sprectrum" or "Spectre Large". All the other molecules (CBD, CBG, CBN etc.) are preserved. If you consume CBD and don't want the THC molecule in your product at all, this is the first thing you need to check.

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 detected, so you risk nothing.

CBD products with THC and saliva testing

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 by a saliva test comes from the molecules that bind 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 using 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, moderate use (one dose per week, for example); up to 24 hours for more than one dose per week; up to 8 days after cessation of use in the case of chronic, daily use. (Read more in our article on CBD and driving).

THC levels are very low in all CBD products sold in France. As a result, you need to consume a significant amount to make saliva tests react. According to some studies, the few positive tests reported have come from consumers who smoke CBD(flowers, resin, etc.), which we strongly advise against because of the harmful effects of combustion.

In the event of a positive reaction, the person should report any recent use of CBD products and request a second opinion using a quantitative screening test via a blood sample.

If you have any doubts, and to put your mind at rest, you can buy saliva tests over the Internet. The laboratories that supply the authorities (police and gendarmerie) also sell them individually to private individuals.

Thanks to the European Commission, CBD is not considered a drug in France or anywhere else in the European Union. The sale and use of CBD in France is legal. It should also be remembered that CBD is classified as a dietary supplement, but that it is not a medicine and cannot be used as such.

The Cali Weed team