March 24, 2020

Is it Possible to Get a DUI for Using CBD in New Jersey?

Home / Traffic Defense / Is it Possible to Get a DUI for Using CBD in New Jersey?

As recreational and medicinal marijuana use increases and becomes legal in different states all over the nation, there has been growing interest in a particular marijuana extract: cannabidiol, or CBD.  Since it doesn’t get you “high,” some consider CBD completely harmless. Others aren’t sure what claims are backed by data and which are just a rumor.

As DWI lawyers near Burlington County, The Law Offices of Jason Pollack understands that the popularity of CBD brings up many questions for motorists all over New Jersey, such as, “Could I get a DUI for this?” Before we answer that, let’s take a more in-depth look at the facts of and buzz around CBD.

What is CBD?

Pure CBD (which contains approximately 65 cannabis compounds) is marketed as non-intoxicating — meaning it should not get a user “high,” cause impairment, or get you “stoned.” Instead, some refer to CBD as the medical, or healthy, portion of cannabis. Studies show it can have anti-inflammatory effects, provide pain relief, and relax the user.

Goods manufacturers have run away with the myriad of CBD products available on the market today: tinctures, tea, gummies, sprays, lotion, shampoo, and more. Given that it’s so readily available in a wide variety of consumption methods, that must mean it’s OK to drive with it in your system…right?

Can I Get A DUI from CBD?

There’s no guarantee that a police officer will not charge you if you’re pulled over after taking CBD. Here’s why:

  • Although pure CBD is marketed as non-intoxicating, even the purest of CBD oil still contains trace amounts of THC. CBD consumed in a high enough quantity would theoretically cause users to fail a drug test.
  • Since CBD can cause people to be more calm and comfortable, a driver may appear or behave impaired or intoxicated because of it.

If a police officer pulls you over, he or she may think you’re under the influence — even though you aren’t impaired. Subsequent blood or urine tests could come back positive for marijuana use. When both pieces of evidence are presented together, a court may be convinced you were driving while high, even though you were not intoxicated.

If you have been charged for driving under the influence in New Jersey as the result of CBD use, you require the legal expertise of a trusted DUI defense attorney near Burlington County to represent you. Contact our law offices today!

Author: Jason Pollack
Read more articles »