What are the latest regulations on the use of CBD?

For a year and a half now, and on the landmark date of 24 January 2022, the sale and consumption of CBD have been officially authorised at the levels laid down by the CJEU (Court of Justice of the European Union), i.e. 0.3% of THC in the flowers or resins. However, we all know very well that this product, which is so appreciated and so beneficial to humans (it has been proven that cannabis flower is adapted to our organism), is still meticulously scrutinised by the authorities in charge, and is subject to a number of laws and regulations, which change regularly. Let's take a look at the latest laws and regulations on CBD.

THC levels authorised in flowers

The current level of THC (Δ-9-tetrahydrocannabinol) permitted in CBD flowers varies from country to country. In neighbouring Switzerland, for example, the limit is 1% maximum, but most flowers grown indoors are around 0.6 or 0.7% THC. In Italy, the level can be as high as 0.5% THC. In the European Union as a whole, the level is 0.3% THC. Apart from a few countries that have their own rules, such as Germany, where the rate is 0.2%, and in an even more extreme case, Slovakia, which bans CBD completely, the rule is 0.3% THC. Although the difference is minimal, and the so-called 'non-reduced' flowers are much better, i.e. more floral, with more scent, a much better feel, and above all much more natural, as they have not undergone a reduction process, the laws in force on the rate to be respected must be followed.

And how do you reduce the THC content of a flower? There are several techniques, some more 'natural' than others. The most common, and the least harmful, is CO2 reduction. The flower is oxygenated, and with this process the level can be reduced from 0.7% to 0.3%, for example. CBD flowers reduced by CO2 have a small layer of pollen visible to the naked eye. Unfortunately, this method deteriorates a large proportion of the terpenoids and flavonoids present in the flower, which is why it is generally necessary to go through a terpenisation stage before selling it to the shop or consumer, to make it taste better and please the consumer.

Next comes butane or ethanol. These techniques are not the best because they can leave a strange taste in the flower, and also an alcohol or solvent residue. This is why this technique is less and less widespread. At The GreenWe make sure that the flowers are lowered in the best possible way, to avoid bad products. If you have any questions on this subject, please contact us at: [email protected]. The last technique, which is much more traditional and less easy to control, is natural heat reduction. This process is also used when consumers want to decarboxylate their flowers for use in dishes or cakes and are not careful enough. This method also helps to break down the other cannabinoids and terpenes.

CBD and driving

In France, since 21 June 2023 and a decision by the Court of Cassation, it has been strictly forbidden to drive after consuming CBD, even in small quantities. Why is this? Because there is zero tolerance in France. This decision has raised some eyebrows, not least because it was taken without first seeking the opinion of CBD professionals, or even taking a vote. Given that there is always a low level of THC in flowers marketed in France, it is impossible to consume CBD, which is totally legal in France, and still have 0% of THC in the body. Here's what the official text says (source: service-public.fr):

A driver was found guilty of driving a vehicle while under the influence of narcotics and of speeding. He was sentenced by the criminal court to 2 months' suspended imprisonment, 6 months' suspension of his licence and a €50 fine.

The Court of Appeal acquitted him of the first offence on the grounds that the toxicology report did not mention the THC level in accordance with the decree of 13 December 2016 setting out the procedures for screening for substances indicating the use of narcotics. The Public Prosecutor of the Court of Appeal appealed to the Supreme Court on the basis of article L 235-1 of the Highway Code, which does not set any threshold. Furthermore, according to this magistrate, the decree sets a detection threshold and not an incrimination threshold.

The Court of Cassation overturned the ruling, pointing out that Article L 235-1 of the Highway Code makes it an offence to drive after using narcotics, such use being established by a blood or saliva test. The offence is constituted if it is established that the accused drove a vehicle after using a substance classified as a narcotic (THC), regardless of the dose absorbed.

What can we advise you to do? Consume your CBD flowers, CBD resins and CBD oils when you know you won't be driving (e.g. in the evening after getting home). If you have consumed CBD and are supposed to be driving, try to get a lift home, or stay where you are until the little THC in your system has cleared up. This time varies from person to person, of course, but you can reckon it takes between 3 and 8 hours, depending on your previous consumption.

Finally, if you are ever tested and you think that your THC level is very low, or even zero, it is important to ask for an immediate blood test. The police will take you to the nearest hospital for a blood test, which you will have to pay for. If the THC level is minimal or non-existent, you may be able to drive away without being fined or prosecuted. But the most important advice is to DO NOT DRIVE AFTER TAKING CBD in any form.

You can find our full range of indoor CBD flowers, CBD resins and CBD hash, CBD oils and accessories on our website: https://laverteshop.fr/