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 driver 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 Licensing Office then decides on the further procedure, 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 exceeded – even 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
Have you tested positive for THC?
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FAQ: Frequently asked questions about driving under the influence of drugs (FuD)
A zero tolerance rule applies in Switzerland. From a value of 1.5 ng/ml THC in the blood, a person is legally classified as unfit to drive, regardless of whether they feel impaired or make driving errors.
Yes, this is a significant risk. Although CBD products with less than 1% THC are legal, they can still contain enough THC to exceed the legal limit of 1.5 ng/ml in the blood. This leads to the same consequences as the use of illegal cannabis, including disqualification from driving.
The consequences are far-reaching and expensive. They include criminal proceedings, a roadworthiness assessment and the withdrawal of the driver’s license, usually for at least three months. The total costs for penalties, proceedings and expert opinions can amount to several thousand francs.
If a rapid test (e.g. saliva test) is positive, you should seek legal advice immediately and exercise your right not to make any statements. Do not actively refuse to cooperate, but do not say anything about the time of consumption or the type of product consumed.
Yes, with regular use THC can be permanently detectable in the blood, even days after the last use. This can lead to the authorities denying you general fitness to drive, which can lead to long-term disqualification from driving and comprehensive medical and psychological assessments.
Matthias Fricker
Attorney at law and partner at Fricker and Füllemann Attorneys at Law
Studied at the University of St. Gallen, graduating with a Master in Law (M.A. HSG in Law) in 2012, registered in the Bar Register of the Canton of Zurich, member of the Zurich Bar Association.
Fabian Füllemann
Attorney at law and partner at Fricker and Füllemann Attorneys at Law
Studied at the Universities of St. Gallen and Zurich, graduating with a Master of Law UZH in 2013, registered with the Zurich Bar Registry, member of the Zurich Bar Association.
