In France, the issue of plant extracts is no longer solely a matter of well-being, commerce, or new hemp trends. It now lies at the intersection of science, law, road safety, and consumer protection. The case of CBD is particularly revealing: while not classified as a narcotic, it can nevertheless operate within a regulatory framework where a positive saliva test for THC carries serious consequences for drivers.
For adults who purchase hemp products seeking legal, lab-tested, and properly labeled options, this situation creates a gray area that is difficult to navigate. Between scientific opinions, sometimes unequal market practices, and increasingly stringent roadside checks, reforming the regulations governing plant extracts has become an essential undertaking.
A legal framework still built around traffic enforcement
The French legal framework remains focused on “driving under the influence of substances or plants classified as narcotics.” This approach is not new: it is still based on the law of February 3, 2003, supplemented by the decree of August 24, 2016, concerning the fight against driving under the influence of substances or plants classified as narcotics. In other words, the system's structure was initially designed to penalize a road safety risk before being adapted to the rise of hemp- derived products
In practice, the Highway Code provides for severe penalties, including driving bans of up to five years, not to mention other criminal or administrative consequences. This level of severity is explained by a simple objective: to reduce accidents related to the use of psychoactive substances. However, it poses an increasing problem when legally sold products can show traces of THC in drug tests.
The problem, therefore, is not simply the commercial legality of a product. It also lies in how traffic law addresses the presence of a biological marker, in this case THC, without always being able to distinguish between the illicit use of cannabis and the consumption of a CBD . This tension is currently fueling the need to reform the regulations governing plant extracts with greater clarity.
Roadside checks in the face of the reality of "border" products
Drug-related roadside checks remain a major operational challenge for law enforcement. The official procedure involves saliva screening, followed by verification and sampling, with results sent to a laboratory for confirmation. This approach addresses the need for efficiency in the field: it is essential to be able to act quickly and in a standardized manner in response to an immediate threat to public safety.
But this mechanism is hampered by the rise of "borderline" products, meaning items that fall between the legal and illegal realms in the public's perception. This is precisely what we see with certain plant extracts derived from hemp: they can be legally marketed under certain conditions, while exposing the user to a negative interpretation during a check if traces of THC are detected.
This situation becomes even more critical given that, according to the Ministry of the Interior, refusals to comply with roadside checks have increased sharply by 2025, including refusals to submit to alcohol or drug tests. For the authorities, this reinforces the need for robust procedures. For responsible consumers, it primarily underscores the importance of understanding that the conformity of a purchased product does not automatically guarantee the absence of risk during a roadside check.
CBD, THC and case law: a grey area confirmed by judges
In 2023, the Court of Cassation confirmed that a driver who tests positive for THC can be convicted even if they claim to have used CBD legally. In practice, the presence of THC in saliva can be sufficient, and current testing thresholds do not allow for a clear distinction between legal CBD and illegal cannabis. This decision marked a significant turning point, as it reaffirms that traffic court judges primarily base their decisions on the test results and the existing legal framework.
For consumers, the message is clear: buying legal CBD does not mean you are protected if you test positive for THC. This is a reality that is sometimes misunderstood, especially by adults who are looking for compliant flowers, resins, or oils and who logically assume that the legality of the product shields them from any problems. However, the process follows a different, much stricter logic.
This case law reveals the limitations of the current regulations. When the market offers a variety of plant extracts, some technically compliant but biologically susceptible to triggering a detection, it becomes urgent to clarify the rules. Reforming the regulations governing plant extracts does not mean weakening road safety; on the contrary, it means better integrating consumer law, analytical toxicology, and traffic law.
The scientific opinions of ANSES change the nature of the debate
In 2025, ANSES (the French Agency for Food, Environmental and Occupational Health & Safety) issued an opinion on cannabidiol (CBD) within the framework of the REACH/CLP chemical classification. This is crucial, as it demonstrates that CBD is no longer discussed solely from a health or commercial perspective. It now falls within a broader regulatory sphere, where classification, assessment, and risk management criteria play a central role.
This development is important for the entire sector. It means that plant extracts can no longer be considered solely as niche products or simple wellness alternatives. They must also be considered according to more consistent standards, compatible with European expectations regarding chemical safety, labeling, and traceability.
The French public debate on plant extracts is thus part of a broader tension between science, toxicology, and administrative simplification. The case of CBD is emblematic: a substance not classified as a narcotic can nevertheless lead to a positive THC test in a roadside check. As long as this practical contradiction remains unaddressed, uncertainty will persist for both reputable professionals and cautious consumers.
Labeling, actual quality and consumer protection
In June 2025, ANSES also issued a warning about a significant increase in poisonings linked to CBD products containing other substances. This signal is crucial because it shifts the debate beyond the sole issue of THC. The real question becomes the actual composition of products on the market, the reliability of analyses, and the control of products sold online or in stores.
The agency also indicates that a 2023 study found that 8 out of 10 CBD products had a different content than indicated on the label. For adult consumers in France and Europe, this finding is far from insignificant. A purchase motivated by the search for a legal, tested, and predictable product can ultimately expose consumers to a different content than promised, with potential consequences for health, the user experience, and, in some cases, the risk of being stopped by the police.
This is where intelligent reform can make a difference. Strengthening laboratory testing requirements, harmonizing analytical tolerances, mandating clearer information about cannabinoids present, and imposing harsher penalties for misleading labeling are concrete steps. A healthy market benefits everyone: consumers who want to buy with confidence, reputable sellers who invest in compliance, and authorities who need clearer classifications.
Road safety: why the State remains inflexible
If the regulations seem rigid, it's also because road safety remains a major political and human imperative. French authorities regularly remind drivers that driving under the influence of cannabis significantly increases the risk of an accident. A publication by the gendarmerie cites a 1.8-fold increase in the risk of a fatal accident, and a 15-fold increase when combined with alcohol. In this context, it's understandable that the government prioritizes caution.
Recent data from the Ministry of the Interior also shows that drug-related offenses remain widespread and pervasive in 2024-2025. French authorities are also documenting an increase and diversification of trafficking, with an initial overview published in 2025 covering the period 2016-2024. This statistical pressure is fueling a firm policy: when a phenomenon remains broad and evolving, the administration hesitates to introduce distinctions that could complicate field operations.
However, maintaining a firm stance against driving under the influence does not preclude a better understanding of different situations. The challenge lies in preserving a high level of road safety without allowing ambiguities to flourish regarding legal substances. This is precisely why reforming the regulations governing plant extracts should be viewed as a tool for clarification, not as a relaxation of the rules.
What are some possible ways to reform the regulation of plant extracts ?
The first approach involves better integrating market law and traffic law. Currently, a product can be commercially legal while still posing a criminal risk on the road if THC is detected. A credible reform should therefore impose even stricter analytical standards, batch-by-batch traceability, and clear information on the risk of a positive result in a saliva test, even for products presented as compliant.
The second approach concerns control methods and public education. Without questioning the principle of testing, authorities could improve information for users regarding the current limits of the thresholds and the impossibility of easily distinguishing between legal CBD and illegal cannabis during a check. A clearer policy is often preferable to legal ambiguity that catches consumers off guard after the fact.
The third avenue concerns the market itself. The most reputable professionals have a vested interest in promoting a clean, well-documented, and laboratory-tested product offering, complete with consistent certificates of analysis, demonstrable compliance, and transparent product information sheets. In the long term, it is likely that these quality requirements will lead to credible changes in the regulatory framework, more clearly separating reliable products from opaque or dubious offerings.
Between scientific opinions, court decisions, and the operational pressure of roadside checks, the issue of plant extracts has reached a point of maturity. The case of CBD demonstrates that a product can be legal to sell while remaining legally risky in certain uses, particularly before driving. This contradiction can no longer be addressed through mere approximations.
Reforming the regulations governing plant extractsmeans seeking a more modern balance: protecting road safety, strengthening the fight against trafficking, ensuring the safety of adult consumers, and supporting those who prioritize genuine quality and compliance. For both buyers and professionals, the path forward is clear: greater transparency, more scientific rigor, and greater traceability.
