CBD behind the wheel: what the law of 9 July 2025 tightens

Before this text, the penalties incurred for driving under the influence of narcotics stood at 2 years' imprisonment and a €4,500 fine. Law no. 2025-622 of 9 July 2025 raises those maximums to 3 years' imprisonment and a €9,000 fine, according to Légifrance. The tightening reflects a stricter road-safety policy towards driving under the influence of narcotics.

The text does not distinguish between substances. Cannabis, synthetic THC and residues linked to CBD consumption all fall under the same criminal framework as soon as a positive THC screening is recorded. The increased severity therefore affects, in practice, anyone who tests positive, regardless of whether the product consumed was legal.

CBD is not a narcotic substance and consuming it remains lawful in France. But CBD products sold legally may contain up to 0.3 % THC, a regulatory composition threshold, not a road-traffic tolerance threshold. A saliva test measures the presence of THC, not of CBD.

Anyone who regularly consumes CBD flowers or resins, particularly full-spectrum ones, is therefore exposed to a real risk of testing positive, even without seeking a psychotropic effect. The test does not distinguish the legal or illegal origin of the molecule detected; it simply detects its presence, whether in trace amounts or not.

France applies zero tolerance behind the wheel, with no minimum THC threshold allowed, Service-Public.gouv.fr states. Unlike alcohol, for which a legal limit exists, the presence of THC in saliva, however small, constitutes an offence, whatever time the consumption took place.

In practice, there is no margin between « having consumed » and « being in breach ». Whether driving ability is genuinely impaired does not enter into the calculation: all that counts is that the molecule was detected during the check, on a simple saliva test.

Since January 2025, the police must systematically offer a blood counter-analysis after a positive saliva screening, according to drogues-info-service. That obligation strengthens the rights of the person stopped, who can thereby challenge a result where its reliability is in doubt.

The blood counter-analysis remains the reference examination in the event of a challenge, being more precise than a roadside test. It does not cancel the immediate consequences of the check: it only allows the validity of the initial result to be verified after the fact. Our article on the saliva test for detecting CBD sets out how these checks are carried out.

The only way to eliminate all risk of testing positive is not to drive after consuming CBD, whatever the quantity. The time taken to clear residual THC varies from person to person, with the frequency of consumption and with the type of product, which makes any individual estimate unreliable.

For people who consume CBD regularly, favouring products with no detectable THC and checking their composition via a certificate of analysis limits exposure without removing it entirely. Our guide on how long CBD stays in the body gives useful reference points on these timescales.

Is CBD picked up by a roadside screening test?

Saliva tests detect THC, not CBD. Since legal CBD products may contain up to 0.3 % THC, regular consumption can produce a positive result even though no psychotropic effect was sought.

What are the new penalties since 9 July 2025?

Law no. 2025-622 of 9 July 2025 raises the penalties to 3 years' imprisonment and a €9,000 fine for driving after using narcotics, according to Légifrance, against 2 years and €4,500 previously.

Is there a tolerated THC threshold behind the wheel in France?

No. France applies zero tolerance: no minimum THC threshold is allowed, Service-Public.gouv.fr states. The slightest trace detected during a saliva check constitutes an offence.

Can a positive check be challenged?

Since January 2025, the police must systematically offer a blood counter-analysis, according to drogues-info-service. That is the legal means of challenging a saliva screening result considered uncertain.