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CBD and saliva tests: Is cannabidiol detected by police tests?
The saliva tests used by the police are designed to detect the presence of THC in the blood. As you are probably aware, some cannabis products that are predominantly CBD contain traces of THC (a maximum of 0.3% under European law).
So can saliva tests come back positive after consuming CBD?
CBD is legal throughout Europe and Switzerland
CBD, also known as cannabidiol, is a molecule that belongs to the cannabinoid family. This means that this molecule is present naturally in cannabis plants and that it activates the cannabinoid receptors in the human body and in mammals in general.
According to theWHO (World Health Organisation) or the independent foundation "Addiction Switzerland", or indeed many other scientists who have studied the subject seriously, CBD is no longer considered a psychotropic substance.
THC, or tetrahydrocannabinol, is also a molecule belonging to the cannabinoid family. Its effect, however, is very different from that of CBD, and this molecule is classified as a psychotropic substance. It is THC that is responsible for the ‘high’ associated with traditional cannabis.
It was in 2017 that the WHO removed CBD-dominant cannabis from the list of psychoactive substances, thereby paving the way for the opening of numerous specialist shops across Europe.
In Switzerland, the government has decided to authorise the sale of cannabis with a THC concentration of less than 1%.
In France and the rest of Europe, legislation is slightly stricter and the permitted THC level in CBD-based products is 0.3%.
Given that the ratio between the CBD content and the THC content is generally 1 to 30, we can therefore deduce the maximum CBD levels for these regions:
- In Switzerland: With a maximum THC content of 1%, the CBD content should be around 30% max.
- In France: With a maximum THC content of 0.3%, the CBD content should be around 9% maximum.
How do saliva tests work?
The French police have two types of saliva tests: THC tests, which only detect the presence of THC and therefore cannabis use; and "multi-drug" tests, which can detect the presence of other drugs in saliva in addition to THC:
* - Amphetamines (including ecstasy or methamphetamine)
* - Crack or cocaine
* - Heroin
* - Codeine and other opiates
These saliva tests operate on a "competitive principle", and are also known as "immuno-chromatographic tests". This means that these tests work via an antibody/antigen reaction and that the result is available very quickly (5 minutes). This testing technology is also used in COVID self-tests.
How they work in more detail is quite complex, but it can be summarised as follows:
The test strip that receives the saliva contains specific antibodies which bind to a target particle if it is present in the saliva. If the target substance is not present, the antibodies bind to a coloured band on the test.
Thus, on the French police’s saliva tests, a second coloured band appears if the test is negative (no traces of drugs have been found), a single coloured band appears if the test is positive (traces of drugs have been found).
When can the police use or require a saliva test?
In France, the police may use a saliva test in several scenarios:
- In the event of a road traffic accident resulting in personal injury or property damage
- In the event of a traffic offence
- In the event of suspicion, if the police believe the driver has taken drugs
- If the public prosecutor has decided to carry out a screening operation during a special event.
It should be noted that since the introduction of new saliva tests in 2017, the police may request a test without prior cause, even in the absence of an offence.
It is strongly advised against refusing to take the saliva test, as the penalties for refusal are just as severe as for a positive test!
Traces of THC in your CBD products
As mentioned earlier in the first part of this article, CBD suppliers may offer products with a THC content of 0.3% in Europe and 1% in Switzerland.
Even with such a low level, it is possible that your CBD consumption could trigger a saliva test. This is generally true in two scenarios:
- If you have a high intake of CBD and the 0.3% THC present has accumulated in your system.
- If you have just taken a dose of CBD before the test.
In the first scenario, the second test may also come back positive. However, in the second scenario, the waiting time between the two tests may work in your favour in some cases...
CBD with no trace of THC?
In our online shop, you will find a wide range of CBD products with 0% THC. These products are particularly recommended for people who cannot tolerate THC or for athletes for muscle recovery.
If you’re interested, I recommend our broad-spectrum CBD oil which has a THC concentration of 0%. Sixty8’s broad-spectrum CBD oil
Sixty8 recommends however that you do not consume CBD before driving, as this substance may cause drowsiness...
Unscrupulous CBD suppliers
In our shop, for all our CBD products that may contain THC, you will find on the product page a laboratory analysis with all the detailed information on CBD and THC levels.
Our CBD levels may appear low compared to the competition, because we do not give you misleading figures by adding CBDa and CBD together, for example, or by boosting the CBD level with additives.
Some unscrupulous online retailers do, in fact, CBD levels of 15–20% on their products, whereas we have seen above that this is completely impossible to achieve with a THC level of 0.3%.
New tests to distinguish between CBD and THC
In Switzerland, where the law is slightly more lenient (maximum THC level of 1%), the police have rapid tests to distinguish within a few tens of seconds between a bag of CBD cannabis and a bag of THC cannabis.
For these tests, no saliva or other unappetising bodily fluids are required: you simply place a few strands of the product to be tested into the small plastic bag, squeeze the bag to release the reagents. You shake, and in a matter of seconds, the test result is ready! I’ve included a short video from L’Obs below so you can see these tests in action! In early 2021 in France, a government decree introduced in collaboration with MILDECA aimed to ban the sale of CBD flowers. The main argument put forward by this decree was that it is very difficult for law enforcement to distinguish between CBD-dominant cannabis and cannabis containing illegal THC.
Recently, this decree was suspended by the Council of State. Perhaps we will soon see these tests in France...
To find out more about the laws surrounding cannabidiol, we recommend other articles on the subject:
