blog home DUI Defense Can You Be Charged With a CBD DUI?

Can You Be Charged With a CBD DUI?

By Timothy Bussey on July 8, 2021

CBD oil bottle on wooden coaster and hanging leavesCBD has become a popular alternative for individuals who want the relaxing effects of marijuana without the psychoactive high that comes with THC. As a derivative of cannabis, CBD oil is legal for possession and use in Colorado, as well as in some instances on the federal level. However, when it comes to our state’s DUI laws, CBD is in a grey area.

What Is CBD?

CBD, or cannabidiol, is an oil derived from cannabis that is seen as a safer alternative to using marijuana. While it is derived from the same plants as marijuana, CBD has different effects and only contains trace amounts of tetrahydrocannabinol (THC). CBD is used to help with relaxation and does not cause the euphoric high that comes with THC. CBD has been pushed as a new form of pain relief and anxiety management due to its value as an anti-inflammatory.

Is It Illegal to Drive While Using CBD?

CBD has become popular due to the fact that it does not contain any psychoactive chemicals and cannot heavily impair a user’s personality, inhibitions, or reaction times. Unlike smoking marijuana or consuming edibles, taking CBD will not cause a user to get high or become impaired. Due to this, CBD should not influence a driver’s ability to operate a vehicle or respond to dangerous situations.

In terms of the law, it is legal to possess and use CBD in Colorado. CBD is also partially legal on a federal level. This means that full-spectrum CBD, or CBD that contains up to 0.3% of THC, is legal federally, but anything above that threshold is considered a controlled substance. In Colorado, full-spectrum CBD is still legal, but it fits into a grey area when you consider DUI laws.

For example, if a police officer pulls you over under suspicion of driving under the influence of drugs, then he can request a chemical test. If you test positive for at least five nanograms of active THC, even if it was ingested through full-spectrum CBD, you can be charged with a DUI with drugs.

However, most full-spectrum CBD products do not contain enough THC to trigger a drug test, much less to cause impairment. It is unlikely that an officer will arrest a driver for DUI after having or using CBD except in cases of procedural errors.

Defending Against a DUI With Drugs Charge

If you were charged with driving under the influence of drugs in Colorado Springs, it is important to secure a strong legal defense with The Bussey Law Firm, P.C. Our team specializes in handling DUI cases and getting clients excellent outcomes after an arrest. We can review the charges against you, find weaknesses in the prosecution’s arguments, and aggressively fight to keep you out of jail. Call us at (719) 475-2555 to discuss your case in a free initial consultation with a Colorado Springs criminal defense attorney.

Posted in: DUI Defense


Rocks, Hand Cuffs and Gavel