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Can you be charged with a DUI after using CBD?

On Behalf of | Dec 8, 2021 | Drunk Driving-DUI Charges

These days, more people are using CBD for a variety of uses. Although it’s illegal in some states, it is legal for Illinois residents to use. However, it’s worth wondering if you can be charged with a DUI after using CBD.

What is CBD?

CDB or cannabidiol is one of the compounds found in hemp that work with the human endocannabinoid system. Usually, the compound is available for consumer use in oil or tincture form. According to the law, CBD can only contain 0.3% of THC, the compound found in the marijuana plant that results in that “high” feeling people get. As a result, the amount is so low that it doesn’t result in users getting high. In most cases, due to that fact, a person would most likely not be arrested for drunk driving after taking CBD.

What situation can result in a DUI charge with CBD?

There are some exceptions to the rule with CBD. While most products contain 0.3% of THC, some CBD products may be incorrectly labeled in terms of their THC content. If this is the case, it could lead to a person becoming high and intoxicated behind the wheel if they choose to drive. In that situation, if a police officer notices that the individual is driving erratically, they could stop the driver. A field sobriety test and other types of testing could reveal that the person is under the influence and the police officer could arrest them on drunk driving or intoxication charges.

The best way to avoid a potential DUI charge is to avoid getting behind the wheel after taking CBD. Even if you believe that the product you are using has the legal 0.3% amount of THC concentration, it’s better to err on the side of caution and not drive. Stay home or find an alternate means of transportation if you’re out.