Driving under the influence is a charge which needs to be taken seriously here in Florida as well as across the country. There are several substances which are included in the term DUI or driving under the influence. The most common in Florida is alcohol, which is a contributing factor in more than five thousand (5,000) accidents annually. Of course, there are other substances that can result in charges of a DUI in Florida, including CBD and THC.
Each person has a legal duty to avoid driving while impaired. Anyone driving under the influence of drugs, alcohol, or medication poses a risk to others around them. The same goes for fatigued driving or distracted driving as well.
Recently, marijuana use has become more widespread across the United States. In 2012, Colorado and Washington became the first two (2) states to legalize the substance—although like alcohol, it is still illegal to drive while under the influence of marijuana.
The rapid changes in cannabis regulations, products, and services, have created new questions in this increasingly gray-area industry. Particularly, the legalization of CBD products has raised concerns among users on how this may impact them if pulled over while driving.
Questions often arise regarding marijuana (cannabis), and the substances it contains, namely THC (tetrahydrocannabinol) and CBD (cannabidiol). As CBD products become prevalent in the marketplace and cannabis becomes legal in more states, many are concerned that driving under the effects of CBD, THC, or cannabis may carry the same penalties as driving under the influence of alcohol and other drugs.
Here is a comparison of the effects of CBD versus THC cannabis one should consider:
Cannabis, commonly called marijuana, is well-known for its psychoactive effects on the human brain. These effects are the result of THC, a substance which interacts with the brain, enhancing the production of dopamine and producing a “high”.
CBD, short for Cannabidiol, is a chemical that is found in the cannabis plant (better known as marijuana). While most people automatically associate CBD with the effects of marijuana, it is not responsible for any of the stereotypical effects at all.
In medical studies, CBD has been shown to reduce stress and anxiety for people who take it. The chemical is typically used in edible forms or processed into an oil. Using CBD is non-hallucinogenic, which is why it is legal to possess the substance in thirty-four (34) states. Many people still automatically think of marijuana when they hear the term “CBD.”
Practically, it is the component THC that causes symptoms like mood changes, hallucinations, and lack of body control, which are commonly associated with marijuana use. THC, which stands for tetrahydrocannabinol, is another chemical compound found in the cannabis plant.
Understanding the difference between these two compounds is important in understanding the gray area surrounding CBD use while driving. Since both compounds come from the same plant, it is possible to have traces of THC in CBD products. When this happens, it can lead to issues for any CBD users who get pulled over while driving.
Since CBD products lack the hallucinogenic effects of THC, they do not pose a serious harm to most people. The gray area surrounding CBD and driving is due to the effects that this compound has on an individual on a case-by-case basis.
Some of the reported side effects of CBD products are:
- Drowsiness
- Paranoia or heightened anxiety
- Nausea or vomiting
- Mood swings
- Diarrhea
These symptoms present differently in each individual who uses CBD, and it is possible said effects may not present themselves at all. Consequently, taking CBD and driving at the same time can be a safety hazard.
Ultimately, it is up to the individual to decide whether he or she can safely operate a vehicle after ingesting CBD. Any of the potential side effects could impact or impair a person’s ability to drive.
With so much uncertainty surrounding this compound, it is highly recommended that if you are planning to try CBD, you should do so in a controlled environment. It means that the first few times you ingest CBD or any time you try a new brand or product, ensure that you do not get behind the wheel before you see how your body will react.
While drowsy driving is not technically illegal, it is possible to be charged for negligence if you knowingly drove while impaired. The reasons why states put rest areas on the side of the road is to eliminate hazards by giving people a safe area to recover from fatigue. Accordingly, individuals must be held accountable for creating unsafe situations when they take substances, they know will impair their ability to drive.
While there are currently no laws or testing procedures in place for CBD use, should you be pulled over, the police may ask you to perform a Standard Field Sobriety Test roadside. Therefore, impaired drivers, whether resulting from alcohol or drugs, are subject to the same penalties, which means-if you are impaired or intoxicated, it is in your best interest and the interest of others not to drive.
CBD does not cause psychoactive effects and usually does not affect cognition; however, it does have potential side effects.
Dizziness, drowsiness, and nausea can make driving hazardous to you as well as to other drivers on the roadway. If you experience these effects from the use of CBD, you might make unsafe decisions while driving resulting in an accident as well as potential lawsuit and/or criminal charges.
If you are using CBD, it should be in a controlled setting where you can easily determine how it affects you. Some people experience no side effects while others do. The legality of CBD is dependent on its chemical makeup, thus CBD which contains more than 0.3 percent THC is illegal under federal law. In Florida, for drivers, this means if you thought you were taking CBD without THC and an accident occurs and THC is found in your system, you could be arrested for DUI.
Further, if the CBD you choose is legal (within federal guidelines) and does not impair your ability to drive, you can drive using it. However, if you experience CBD side effects and cause an accident, you could be charged with negligence.
If you are using CBD with greater than 0.3 percent THC content, and drive under the influence in Florida, you could be charged with DUI. Marijuana is still a controlled substance in the state of Florida, and your CBD/THC would be considered the same if you had the plant form of marijuana.
Because CBD works differently in the body than marijuana in its full form (with THC present), it does not technically qualify as a banned driving substance. While not all state laws are the same, CBD does not inherently impair the body for all users, so it has more room for leniency. Despite CBD’s legality, THC filled products are not legal throughout the United States, even though it is in some states).
The 2018 Farm Bill drastically changed CBD regulations by legalizing the commercial production of hemp (i.e., legally defined as the cannabis plant). So long as a product’s THC levels/content are below 0.3%, it is legal federally. The foregoing is comparable to the blood alcohol level imposed for alcohol related driving incidents.
While manufacturers are required by law to reduce THC levels in their products, not all of them do. If you are pulled over in the state of Florida and found with THC in your system, you could face legal charges. Furthermore, if you caused an accident or death due to impairment caused by CBD products, you can be held responsible under the Florida Automobile/driving laws and/or Criminal laws.
Consumers need to purchase their CBD products from reputable sources, and as previously discussed, try the products before driving. The Florida laws and penalties increase in severity with each offense:
- First Offense: Up to six months in jail, 50+ hours of community service, license suspension (one year maximum), and fines up to one thousand dollars ($1,000.00);
- Second Offense: Up to nine months in jail, license suspension (five year maximum), and fines up to two thousand dollars ($2,000.00);
- Third Offense: Up to five years in jail, ten year license revocation, and fines up to five thousand dollars ($5,000.00).
To avoid the above penalties, it is imperative that you are confident that the CBD products you are consuming are legal and safe to use. You do not want to unknowingly ingest THC and then end up in trouble for an unintentional offense.
Though the risks of CBD are minimal compared to alcohol and other drugs, they still may carry some risk. If it causes you unwanted side effects, then it may hamper your ability to drive safely. If you cause a DUI related accident because of CBD use, you could be charged in Florida with both negligence and criminal liability.
Navigating the gray areas of cannabis regulations can be very difficult to achieve. Depending on the severity of the offense, you could be facing harsh legal penalties for use of CBD products. If you have been involved in a THC or CBD related DUI accident in Florida, it is possible that you may be entitled to compensation for your injuries, if caused by another at fault party. YOU SHOULD THEN CONSULT WITH a Personal Injury Attorney. In the alternative, if the incident is caused by you, then you should report it to your auto insurance carrier and consider CONSULTING WITH a Criminal Defense Attorney.