Skip to content

Driving under the influence of drugs: cannabis and CBD

Driving under the influence of drugs (FuD): What applies to cannabis and CBD products?

The use of cannabis is prohibited and punished in Switzerland – but even legal CBD products can become a problem if you drive a vehicle afterwards (driving under the influence of drugs). In practice, many of those affected are surprised at how quickly a supposedly harmless consumption can lead to massive legal consequences.

THC limit value for driving: 1.5 ng/ml

In Switzerland, there is a zero tolerance rule for THC when driving. In concrete terms, this means
From as little as 1.5 ng/ml THC in the blood, a person is considered no longer fit to drive – regardless of their subjective state of health. If this value is exceeded, it is automatically assumed that the person is unfit to drive . Driving under the influence of drugs is deemed to be the case – even without the need for signs of impairment such as driving errors or unsafe behavior.

Driving under the influence of drugs is the rule

Anyone who exceeds the THC limit while driving must expect the following consequences:

  • Criminal proceedings for driving while unfit to drive (Art. 91 para. 2 SVG )
  • Medical fitness to drive assessment
  • Withdrawal of driving license – usually for at least 3 months
  • Costs of several thousand francs (fines and penalties, procedural costs, blood and hair analyses, administrative proceedings, traffic medical examinations)

As soon as driving under the influence of drugs is suspected, the police take away the driver’s license and forwards it to the road traffic office in the canton of residence – regardless of the subsequent outcome of the proceedings. The road traffic office then decides on further proceedings, usually ordering a traffic medical examination. In addition to the general revocation, the driver’s license is even revoked as a precautionary measure in individual cases.

CBD products: Legal, but treacherous

Products with a THC content of less than 1 % are legal in Switzerland. But many people don’t know this:
👉 CBD products can also contain small amounts of THC that are detectable in the blood.
👉 Depending on metabolism, dosage and frequency of consumption, the limit of 1.5 ng/ml can be exceededeven though the product was legal.

Rapid tests carried out by the police (e.g. saliva tests) are often inaccurate. A positive result almost always leads to a blood sample being taken, which constitutes the actual evidence.

Rapid test positive – what to do?

If the police carry out a rapid drug test and it is positive, the following applies:

Consult a lawyer immediately
You are not obliged to make statements
Do not actively refuse to cooperate, but if possible do not say anything about the time of consumption or the type of product

Problematic: regular cannabis use

With regular consumption (even of legal CBD), THC may be permanently detectable in the blood – even days after the last consumption. This can lead to a refusal to drive, even if there was no acute intoxication.

In such cases there is a threat:

  • Traffic medical and traffic psychological reports
  • Long-term driving disqualification
  • Addiction medicine or psychiatric assessments

 

Conclusion: Driving under the influence of drugs (DUI) is not a minor offense – even with CBD

Anyone who drives a vehicle after consuming cannabis or CBD products is on thin ice legally. Even legal products can lead to driving disqualification if the THC limit is exceeded. And: the authorities react sensitively – the driver’s license is often gone faster than expected.

Have you tested positive for THC?

We provide you with sound, fast and discreet advice – especially for

  • Driving disqualification
  • Traffic medical clarification
  • Criminal proceedings for FUD
  • Unclear test results or CBD issues

📞 Contact us for an initial consultation (CHF 330.00) – on site or online.

 

Share:

Facebook
Twitter
LinkedIn

Further contributions

IV-Eingliederun

Rejecting IV integration measures

Rejecting an IV reintegration measure: What if you are not fit for work? Download article as PDF Matthias Fricker Attorney at law and partner at

Would you like us to contact you?

Your lawyers from Winterthur

Do you need support?
Make an appointment now!

📞 Contact us now: Call us on +41 52 222 01 20 or book your initial consultation online 🌐 – it’s quick, easy and binding.

Holiday break

Our office will be closed from December 24, 2024 to January 3, 2025.

We will be available for you again from January 6, 2025.

We wish you happy holidays and a happy new year!