By NMA Texas Member Ted Levitt
CBD Products (Cannabidiol) have now become popular for many people, but their use could cause some problems if you drive.
According to the Mayo Clinic, CBD can cause side effects, including drowsiness and fatigue, which could affect your driving. These products might also interact with other medications, such as blood thinners.
Also, possessing a CBD product while driving may not be legal in some states.
To help you understand the laws on CBD products, we first need to discuss what makes CBD legal and illegal. CBD comes from the hemp plant (Cannabis sativa). At the same time, THC, tetrahydrocannabinol, is an unlawful compound derived from the same Cannabis sativa (hemp) plant and is illegal in many states. THC is the substance that primarily affects a person’s mental state.
The 2018 Farm Bill removed CBD from the Federal Controlled Substance Act as long as its use in any product does not exceed the 0.3% THC content level. The Drug Enforcement Administration (DEA) no longer has any responsibility for enforcing the use and possession of CBD. That responsibility has now shifted to individual states, and those laws vary.
The Food and Drug Administration does not currently certify the levels of THC in CBC products, so there is no real oversight to ensure labels are accurate. The labeling of CBD products may even be misleading because the product might contain higher levels of THC than labeled. A University of Wisconsin-Madison School of Pharmacy study released in March 2022 concluded that just 15 percent of CBD-infused oil, beverages, and other products were labeled correctly.
Before you buy any CBD product, check the label to see if it meets your state and/or the federal 0.3% THC limit. Here is a guide from Forbes Health highlighting the law in your state. Always be cautious about the company you buy your CBD product from since it appears it’s still the Wild West regarding how these products are regulated and labeled.
Short History of Hemp, the Plant where CBD is Derived (from Wikipedia):
“Hemp, or industrial hemp, is a botanical class of Cannabis sativa cultivars grown specifically for industrial or medicinal use. Along with bamboo, hemp is among the fastest-growing plants on Earth. It was also one of the first plants spun into usable fiber 50,000 years ago. It can be used to make a wide range of products. It can be refined into various commercial items, including paper, rope, textiles, clothing, biodegradable plastics, paint, insulation, biofuel, food, and animal feed.”
Thirty-seven states, the District of Columbia, and four of the five US territories allow the use of medical marijuana. Twenty-one states, the District of Columbia and Guam, have legalized marijuana for recreational use. But CBD products are a different category and, as mentioned above, not yet regulated. The amount of THC allowed in products in states that allow legal marijuana may be higher than the federal 0.3% THC limit.
This discrepancy creates the most confusion that people and states try to understand. Many motorists may think the CBD product they bought in their home state will be legal in every state. That is not likely the case.
It’s best not to carry any CBD product out of your home jurisdiction to another state. But bad things could happen even where you live since many police officers and departments may not understand current laws, or many motorists might not either.
What Could Happen during a Traffic Stop
I watched a reality cop show recently, and the police here in Texas stopped a 17-year-old girl for a traffic offense. While looking in her car’s open console (plain view doctrine), the officer saw a bottle of CBD oil. He looked at the label and found it contained over the legal limit of THC.
The officer arrested the teenager for possession of a controlled substance. The girl said her mother had purchased it for her. The officer told her it was illegal as it contained over 0.3% of THC allowed in Texas and at the federal level.
Unfortunately, the show did not highlight the outcome of the girl’s arrest.
Do not let this happen to you.
Final Thoughts
It is a crime to have any prescription medication (not just controlled substances) on your person, in your pocket, purse, or vehicle that is not in a properly labeled prescription bottle. Suppose you need to take prescription medications during the day when out and about or at work; use the original or an older prescription bottle to carry them. Police are not pharmacists, so you might get arrested and taken to the police station, where they can try to identify those loose pills in your pocket or purse.
Before using any CBD product, discuss with your doctor and pharmacist if there are potential drug interactions.
Also, if you use marijuana legally in your home state, remember it’s not legal in all states, even with a state-issued use card.
