Can You Drive With CBD Oil In Your System


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Is it legal to drive while on medical cannabis or CBD oil? How long after smoking cannabis can I drive? What's Legal? These answers and more. Read Now. When it comes to substances that can affect a driver’s performance on the road, alcohol is the one that comes to mind first. After all

Cannabis, CBD Oil and Driving In Australia

You should not drive while impaired by cannabis or any other substance. CBD and THC have different impacts on your ability to drive, and it’s illegal to drive with any THC in your system Australia-wide.

Tom Arkell
Tom Brown
  1. It is illegal to drive with any THC in your system in Australia.
  2. Medical cannabis patients do not get any sort of exemption from THC roadside drug testing.
  3. If your cannabis medicine contains CBD only then, it is legal to drive on medical cannabis.

CBD (Cannabidiol)

In this video Tom Arkell, research coordinator at the Lambert Initiative For Cannabinoid Therapeutics explains how cannabis and CBD oil impair driving abilities and much more.

Cannabis, CBD oil and driving

As of 2019 there were over 300,000 Aussies using cannabis daily for medicinal or adult-use purposes. It’s safe to assume that a vast majority of those people are drivers. Marijuana is becoming more widely used. And, increasingly people are concerned about whether or not they can drive while using cannabis.

  • If you’re asking whether you can simultaneously drive and consume cannabis – no you can’t.
  • If you’re asking whether you can take cannabis then walk out the door immediately and get into a car and drive – you can’t.
  • If you’re asking whether you can drive after an extended period of time after taking cannabis or CBD oil – this article is for you.

Regardless of legality, the team at honahlee are the first to tell you not to drive while impaired. Driving while impaired could result in an accident which would not only impact your life but the life of others too.

Article Overview

When deciding whether it’s safe to drive after consuming cannabis, it’s important you understand all of the factors that come into play. While we recommend you don’t drive after taking cannabis, there may be cases where you’ll need to get from A to B and won’t have any other option. By the time you finish this article, you’ll have all the information to make the best decision possible.

We’ve broken this topic into two articles. In these two articles, expert Tom Arkell explains:

  • Does cannabis affect your driving abilities?
    • Does THC affect your ability to drive?
    • Does CBD or CBD oil affect your ability to drive?
    • Is there a difference between CBD oil and CBD vaporised?

    Feel free to jump ahead to any part of the article or skip to the other article. If you find this information useful, we’d ask that you share your new-found knowledge with a friend or family member. Let’s get started.

    Is it legal to drive while consuming medical marijuana?

    Yes, as long as you do not have any THC in your system. If you are prescribed a CBD only product then you may legally drive. If you take a medication containing THC and test positive for THC in a mouth swab test, you can lose your license.

    To learn more about cannabis and drug tests or roadside cannabis testing in Australia, read our article, how long does cannabis stay in your system.

    Overseas, Canada has a multifaceted system for testing for cannabis impairment. A 2018 law created standards for cannabis driving impairment which have different fines and penalties based on the amount of THC in your blood. The government has set the levels so low, effectively taking a zero tolerance approach until the science improves.

    Can you drive (legally) while taking CBD oil?

    There are multiple types of CBD oil which means that there isn’t really a definitive answer to this question. The ability to drive legally depends on the cannabinoids in your oil. Some CBD oil has THC, and others do not.

    If you are prescribed a CBD oil via legal pathways in Australia you will know exactly which cannabinoids are present in your medication.

    With CBD oil from non-legal channels (e.g. CBD oil from overseas or non-prescribing local suppliers), it’s not always clear what cannabinoids are in your oil. Before purchasing these products, make sure you understand what cannabinoids are in the products and what quality standards or regulations those products meet.

    Regardless of where you obtain your CBD oil, if your CBD oil contains THC then you want to avoid driving because driving with any amount of THC in your system is illegal regardless of whether or not you are impaired. You can however drive with CBD oil in your system if the oil only contains CBD and not THC.

    What is considered driving under the influence of cannabis?

    There are two main laws around cannabis and driving:

    1. Driving under the influence and
    2. Driving with detectable cannabis in your system.

    The two things are not the same, however the offences are treated the same.

    All Australian jurisdictions all have a zero tolerance approach to cannabis, specifically THC. This means that it’s illegal for you to drive if you have any THC in your system (driving with detectable cannabis in your system).

    There is no exemption for patients that might be using cannabis for therapeutic purposes. So, driving under the influence of cannabis is really just being found with cannabis in your saliva.

    There are two problems with cannabis driving laws. The first is that they don’t take into account the fact that there are people using cannabis as a legal medicine. The second problem is that THC may be found in your system long after impairment has ended.

    Roadside drug tests look for detectable cannabis in your system. So, regardless of whether impaired or not, you can find yourself in legal trouble if you have THC in your system.

    So, how long after consuming cannabis is it safe to drive?

    In order to answer this question, you need to look at three things:

    1. Did your cannabis contain THC?
    2. What is the impairment time of your cannabis?
    3. Is there still THC in your system?

    If your cannabis didn’t contain THC, then driving is okay as CBD only cannabis is non-impairing. If your cannabis did contain THC, then it depends on how you’ve consumed cannabis. Here we’ll cover impairment, but if you want to learn more about cannabis and drug testing, please read the, how long does cannabis stay in your system article.

    When is it safe to drive after a cannabis oil or tincture?

    Cannabis oils and tinctures have a different pattern of effect than inhaled cannabis. The time that it takes an oil or tincture to take effect depends on a number of factors including body mass, metabolism, sex and eating habits.

    Onset typically happens between 30-90 minutes and if the cannabis has THC then the peak impairment tends to be between two and four hours. Some studies have shown impairment lasting even longer.

    So, to be very safe, we recommend you wait up to 8 hours after consuming a cannabis oil/tincture product containing THC.

    When is it safe to drive after smoking or vaping cannabis?

    When cannabis is smoked or vaped it enters your system very quickly. The factors that come into play with an oil/tincture or edible don’t have the same impacts.

    When cannabis with THC is inhaled the onset happens within minutes and peak impairment is between 30 minutes to an hour. While the peak impairment is quite short, the duration of effects can last between two and four hours.

    When smoking/vaping cannabis it’s best to wait for about 5 hours to drive, well beyond the average impairment period.

    One of the important things to realise is these are estimates and based on findings from current clinical research. Cannabis affects everyone differently. So this is something, even with more research, that we’re probably not going to come up with specific answers to.

    When is it safe to drive after taking an edible?

    Edibles are similar to an oil or tincture. Onset is between 30-90 minutes and peak impairment from THC is often between two and four hours. Some studies show impairment lasting even longer.

    Before driving, wait up to 8 hours after consuming a THC infused edible (results may vary).

    Driving laws by state

    Driving with THC in your system is illegal in each state and territory. However, each state has specific laws that you must abide by. Here is the specific direction from each state on medical cannabis and driving:

    • Medical cannabis and driving in Victoria
    • Medical cannabis and driving in New South Wales
    • Medical cannabis and driving in Queensland
    • Medical cannabis and driving in South Australia
    • Medical cannabis and driving in Western Australia
    • Medical cannabis and driving in Tasmania – documentation doesn’t exist
    • Medical cannabis and driving in Australian Capital Territory
    • Medical cannabis and driving in Northern Territory


    Cannabis and driving don’t mix, even more so than alcohol and driving because there isn’t a standards system in place when it comes to cannabis. The research shows that THC can impact driving. And, that CBD may have physical effects on your system, but it’s unlikely to have an impact on your driving.

    In Australia laws between states vary and some are more strict than others. In Australia, driving with any THC in your system is 100% illegal whether you’re taking medicinal cannabis or otherwise. So if you’re getting a drug test at work or are concerned about driving, understand the detection window of cannabis in your system.

    The bottom line is that you should not drive under the influence of marijuana.

    Safety for yourself and fellow Aussies is of utmost importance. The cannabis community is for all who need cannabis for health and wellness. Cannabis however is a drug and should be used responsibly and only when prescribed. If you’ve used cannabis in the past 24 hours please don’t drive.

    Is it legal to drive in Florida while using CBD?

    Home » Blog » Catastrophic Injury » Is it legal to drive in Florida while using CBD?

    Driving Under the Influence of CBD in Florida

    When it comes to substances that can affect a driver’s performance on the road, alcohol is the one that comes to mind first. After all, alcohol is responsible for over 5,000 crashes a year in the state of Florida, with hundreds of those accidents being fatal. But other substances can have pronounced effects on a person’s ability to drive a car. Driving under the influence of substances like marijuana often carry the same penalties as driving under the influence of alcohol. But what about substances where the legality is in more of a gray area, such as Cannabidiol (CBD) oils? Is driving under their effects the same as driving under the influence of marijuana? The short answer is generally no, but there are some things to keep in mind if you choose to take CBD oils and drive while their effects are still present.

    For a free legal consultation, call (239) 334-3933

    What are CBD oils?

    CBD oils are substances sourced from cannabis plants. Cannabis, known more commonly as marijuana, is a plant famous for its psychoactive effects. Those psychoactive effects are the result of a chemical in the plants called THC (short for tetrahydrocannabinol) that interfaces with the human brain and has a variety of effects , including stimulating the production of dopamine to produce its signature high.

    CBD, on the other hand, is another chemical found in cannabis that is not psychoactive like THC. CBD’s effect on the brain is to raise the levels of anandamide and GABA. This reaction can have an effect on your mood and produce a calming effect. Proponents of the oils claim it has a variety of health benefits , including anxiety, epilepsy, chronic pain, and more.

    Side Effects of CBD and Driving

    The main legal issue that comes with mixing CBD oils and operating a vehicle concerns the potential side effects of using CBD oils. As with any substance, CBD oils have a long list of reported side effects, some of which can make operating a motor vehicle uncomfortable or downright dangerous. These can potentially result in devastating automobile accidents . Some side effects of CBD oil that can affect your driving include:

    • Anxiety
    • Dizziness
    • Drowsiness
    • Nausea
    • Vomiting

    Of these, nausea, dizziness, and drowsiness are the most hazardous to your safety and the safety of other motorists on the road. Nausea and dizziness can make it uncomfortable to drive, and you may make unsafe decisions on the road because of it. Drowsiness can cause falling asleep at the wheel, which while not illegal in itself, can be considered negligence and make you legally liable for any accident that occurs as a result.

    For these reasons, it’s often a good idea to try CBD oils in controlled settings to determine their effect on your body; you don’t want to find out how they affect you. A dosage for an oil in one person may cause no side effects, while the exact same dosage in another may cause all the side effects listed above and more.

    CBD Oils and the Law

    As mentioned before, CBD oils exist in a sort of legal gray area. Manufacturers of the oils have to be careful of the chemical content. Any oil that has a THC content of more than 0.3% is considered illegal under federal law. The oil extraction process isn’t perfect, and individual bottles may have a higher-than-legal amount of THC in them. Not all manufacturers of CBD oils do so within federal guidelines, which can also result in oil types that have higher-than-legal amounts of THC.

    This all adds up to the fact the THC is still illegal on the federal level, which could lead to you being arrested for a DUI even if you thought you were taking safe CBDs that contained no THC. What would be worse would be if you caused a car accident while on CBDs and they find THC in your system. This could lead to much more serious consequences.

    Drugged Driving Laws in Florida

    If the CBD oil you use falls within the correct federal guidelines and doesn’t cause side effects that impair your ability to drive, it is safe to drive while using them. If you knowingly drive while being affected by CBD side effects, you can be charged with negligence if you cause an accident.

    However, if the CBD oil you use has higher than the 0.3% legal THC content, you can be charged under Florida’s drugged driving laws. While drugged driving laws were written with more serious controlled substances such as opiates and hallucinogens in mind, marijuana is still a controlled substance in the state of Florida. Legally, if your CBD oil has higher than 0.3% THC, it falls into the territory of being illegal to possess and use, the same as if you possessed the plant-based form of cannabis.

    The consequences of being charged under drugged driving laws are similar to alcohol-related DUIs. These grow more pronounced with each offense.

    • First Offense – Up to six months in jail, a fine of up to $1,000, a minimum 50 hours of community service, and a license suspension of six months to one year.
    • Second offense – Up to nine months in jail, a fine of up to $2,000, and a license revocation of at least five years.
    • Third offense – Up to five years in prison, a fine of $5,000, and a license revocation of at least ten years.

    For these reasons, it is critical that you thoroughly verify your source of CBD if you choose to take them. Do independent research to verify the quality of the oils and make sure they do not exceed the 0.3% THC limit. A little research can keep you safe on the road and keep you out of legal hot water.

    Fort Myers Accident and Injury Attorneys

    Even if the risks of using CBD oils and driving are lower than those of alcohol, they do still carry a risk of causing an accident. Just because CBD oils are low risk does not mean they are no risk, especially if a driver knowingly operates an automobile knowing the side effects will make it hazardous. If they cause an accident, a driver can be charged with negligence and liability for injuries they cause.

    If you’ve been involved in an automobile accident caused by someone experiencing the side effects of CBD oils, you may be entitled to receive compensation for your injuries. Contact Viles & Beckman, LLC today either by filling out our online contact form or by calling us at (239) 334-3933 for a free case evaluation. Our experienced personal injury attorneys are ready to answer all of your questions and ease your concerns.

    Car Accidents Blog Posts:

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