When it comes to driving under the influence (DUI) or driving while ability impaired (DWAI) laws, full-spectrum CBD oil and THC can create headaches for anyone. If you use full-spectrum CBD oil, can you get pulled over or arrested for driving under the influence? More importantly, can you mount a defense against such charges if you end up in court?
The good news is that using full-spectrum CBD oil by itself may not be enough to get you in trouble with the law. However, it’s still important to know how full-spectrum CBD oil can affect you, and what you can do to protect yourself in the event it comes into question.
Full Spectrum CBD Oil and the Law
Let’s address the biggest question about full-spectrum CBD oil: Yes, it does contain the psychoactive ingredient of marijuana, tetrahydrocannabinol. Better known as THC, this chemical is responsible for the “high” effect one gets from using cannabis-based products.
As opposed to isolating CBD oil, full-spectrum CBD oil does contain a small amount of THC. Under federal law, CBD products (including oils and other consumables) may contain up to 0.3% THC concentration. Anything above the 0.3% threshold is considered a controlled substance and may be unlawful to possess.
Before starting any full-spectrum CBD oil regimen, it’s important to understand how much THC it contains and how it may affect you in normal, everyday activities, like driving or operating machinery. For example, premium full-spectrum CBD oil contains roughly 0.14% THC concentration by weight, which is far below the 0.3% threshold required under federal law. Thus, it’s not illegal to possess or use in the privacy of your home or at select establishments.
Possessing and Consuming Full Spectrum CBD Oil
As with all hemp-based products, understanding the appropriate situations to possess them and leave them home is critical. Exercising discretion can be the biggest difference between getting in trouble, and getting to go home scot-free.
Although Colorado law allows for recreational cannabis use, there are also very strict laws about its use and public safety. You wouldn’t get behind the wheel after having too many drinks – and the same applies to marijuana use. Simply put: driving and getting high don’t mix.
But what about full-spectrum CBD oil use? If you use full-spectrum CBD oil for wellness, does it mean you can’t drive?
Although full-spectrum CBD oil does contain THC, it’s not considered a controlled substance under the law because of the federal 0.3% concentrate mandate. This doesn’t mean you can use full-spectrum CBD oil whenever and wherever you want.
Under Colorado law, it’s illegal to possess a marijuana-based product in a vehicle’s passenger compartment on a public road or right-of-way if it has been obviously opened. This includes breaking a tamper-proof seal, or if the products are in any sort of open container.
Because full-spectrum CBD oil contains THC, it is plausible that a duly-sworn law enforcement officer could consider it a “marijuana product.” Therefore, it could be considered unlawful to possess an open bottle of full-spectrum CBD oil in your car if it has been obviously opened. This would break the state’s “open container” laws, which could result in over $50 in fines and surcharges, along with potential sobriety tests. For your safety, we suggest leaving your full-spectrum CBD oil at home.
If you are stopped while driving, can you get arrested on DUI or DWAI charges for using full-spectrum CBD oil? Unfortunately, there is no clear-cut, black-and-white answer to this question. If you are stopped under the suspicion of impaired driving, you are legally obligated to cooperate with law enforcement officers and undergo requested testing.
The good news is that using full-spectrum CBD oil may not be enough to show signs of impairment, either under traditional roadside tests or chemical testing. Colorado law considers a person to be impaired from cannabis use if their blood test contains five nanograms of active THC. To get that level in the blood, one would have to use more than just distilled help products.
Going back to the NuLeaf Naturals example: Their full-spectrum CBD oil only contains 0.14% THC by weight, which is less than half of the 0.3 maximum allowed THC. If one continually used a product like that under the labeled directions, their blood would contain less than five nanograms of active THC.
It’s important to note that all full-spectrum CBD oils are different, and varied usage could deliver more THC than others. Although there is no guaranteed brand or usage of full-spectrum CBD oil that will keep you under the considered intoxicated limit, smart usage and understanding products can help you stay safe.
So Can I Legally and Safely Use Full Spectrum CBD oil?
Under all applicable laws, Colorado residents can safely use full-spectrum CBD oil in the comfort of their homes or in establishments where it is allowed. But before getting behind the wheel, it’s important to understand which products you are using, and how those products could get you in trouble.
While there’s no clear-cut answer to any of these situations, you can take steps to protect yourself if you are accused of a DUI or DWAI from full-spectrum CBD usage. If you are detained, cited, or arrested for the usage of a full spectrum CBD product, do not answer police questions and immediately seek the help of legal counsel.