Driving and CBD Oil. Is It Safe?

Posted by Fred Koberlein | Aug 19, 2019 | 0 Comments

CBD Oil while driving.
Is it legal to have CBD oil in Florida?

Driving and CBD Oil. Is it legal?  

Just this past July, hemp and CBD were legalized in the state of Florida, following the federal legalization of the substance after the 2018 Farm Bill was passed. Under the law, any CBD substance that's sold by a state-licensed vendor and contains no more than 0.3% of THC is legal for consumption. For more THC, you'll need a medical marijuana card.

Given the rising popularity of CBD in response to its recent legalization, there are a few questions that come up regarding the substance. One of the most important questions is whether or not it's safe to drive while on CBD. Learn all about driving and CBD oil, and discover whether or not it's safe and legal.

How Does CBD Affect Driving?

If you've ever consumed CBD, you'll notice it's far from intoxicating, but it can have a strong impact on your mood. Relaxation and decreased excitability are common side effects, and the most strongly felt, so CBD shouldn't generally affect your driving at all. Just keep in mind that some of the rarer side effects could make driving a bit more difficult.

 For some people, CBD use can cause drowsiness and lightheadedness. Unlike feeling relaxed, these symptoms can actively affect your ability to drive. In fact, falling asleep at the wheel is one of the most common causes of traffic accidents. For your safety, it's typically best to get to know how CBD affects your body before you drive on it. Even after you familiarize yourself with the effects, keeping consumption at a low dose while driving is typically better, as the more sedating effects typically only manifest after consuming high doses.

What Do Experts Say About the Effects of CBD Oil and Driving?

Experts that testify in court will often testify as follows:

CBD comes from cannabis, and cannabis is most widely known for its psychoactive effects. The psychoactive properties, however, come from the chemical THC rather than CBD. The latter actually creates no psychoactive effects whatsoever. That's why the primary factor in Florida CBD law is to limit the amount of THC in any given CBD product.

While CBD doesn't contain any psychoactive effects like its cousin, THC, that doesn't mean it has no effect on your brain at all. In fact, CBD is only able to impact your mood and address issues like chronic pain by interacting with your serotonin receptors. This directly alters your brain chemistry, so it could possibly affect alertness in addition to mood.

You may find an expert helps you to mitigate, or even dismiss, a criminal charge in Florida when charged with driving under the influence of CBD oil. 

Is Driving While On CBD Legal?

Strictly speaking, a DUI in Florida can encompass driving under any substance that could lead to operating a vehicle improperly. If you get pulled over and the police suspect you are under the influence of CBD, it is entirely possible that you get charged with a DUI or even some lesser charge just to add on to the ticket. The best way to avoid this, of course, is to not drive while on CBD. 

If you are charged or threatened with being charged, there are a few things you can do to help. Always be respectful to law enforcement, and don't display any marijuana imagery around your car. The key is differentiating CBD from marijuana. If you use pure CBD with 0% THC, being able to show them proof is a great way to get out of a cannabis DUI charge.

Last, you may find that the officer is not going to listen and if this is the case then REMAIN SILENT and bond out of jail and find an experienced attorney.  The best attorneys around will know to gather the facts and discuss retaining an expert to have your case resolved and even dismissed. 

When You Need a CBD Attorney

Driving and CBD oil can be a harmless combination sometimes, but it's best to avoid mixing the two. Should you find yourself in legal trouble with a DUI for driving while on CBD, you'll need an attorney to make sure your rights are protected. For experienced, quality service, look no further than Koberlein Law Offices. Our criminal attorneys continuously review the laws and stay on top of the changes and can ensure you get the representation that you deserve. Contact us today to learn more.

About the Author

Fred Koberlein

Fred Koberlein is a trial attorney who opened Koberlein Law Offices after acquiring extensive legal experience in three legal practice areas, which are: personal injury law; criminal defense; and local government matters which require you to appear or present your matter before your local government Boards, government Councils, and government Agencies. Mr. Koberlein began trial preparation through an externship as a legal clerk with the Judges of the Third Judicial Circuit for Florida prior to his graduation from the University of Florida, College of Law.  After law school Mr. Koberlein was dedicated to becoming a trial attorney and worked with the Public Defender's Office from 2004 to 2007, where he was promoted to handling felony cases within eight months of hire.  Mr.  Koberlein has handled over 1500 criminal cases ranging from possession of cannabis, DUI, serious felonies, white-collar crimes, violations of probation hearings, and countless motion hearings. Mr.  Koberlein began practicing in the areas of personal injury and insurance defense during 2006.  Mr. Koberlein's experience in prosecuting personal injury claims against those insurance companies he was not representing and defending other insurance companies and their customers provided a unique experience where he was able to learn what each side anticipates from the opposing party.Next, Mr. Koberlein was hired by a City to defend the City's interests and three additional Cities quickly followed and retained Mr. Koberlein to protect their interests.  Currently, Mr. Koberlein represents a total of four (4) municipalities in the North Florida area.  As Mr. Koberlein focused on civil litigation he remained passionate about representing individuals charged with misdemeanor and felony crimes as well as civil litigation issues. Mr.  Koberlein has the experience and reputation to negotiate a favorable resolution in your matter, and if that is not possible, to provide the best, most zealous trial representation available.  Utilizing competent and trusted investigators and experts, your case will be prepared so that the best result will be achieved.  If you or a loved one is hurt, damaged, or is facing criminal charges, you want a qualified, hard-working attorney who will explain your options to you in a straightforward, commonsense, and honest manner. Education and Practice Experience: University of Florida; Gainesville, Florida; Bachelor of Science, 1997 University of South Florida; Tampa, Florida; 1998 University of Florida, College of Law; Gainesville, Florida; 2003 Bar and Court Admissions: Florida Bar, 2004 – Present All 67 Counties in Florida All 20 Circuits in Florida U.S. District Court, Middle District of Florida U.S. District Court, Northern District of Florida Professional and Civic Activities: Florida Bar Trial Lawyers, 2007 – Present Florida Bar Business Law Section, 2007 – Present Florida Bar Criminal Law Section, 2004 – Present Florida Association of Criminal Defense Lawyers, 2004 – Present Third Judicial Bar Association, 2004 – Present Mr.  Koberlein is committed to his clients and devotes himself to protecting their interests from the beginning to the end of their case.  Mr. Koberlein has spent his career helping clients defend themselves against criminal charges, fight insurance companies, and proceed through the bureaucratic process of local governments.  Mr. Koberlein welcomes the opportunity to meet with you and evaluate your legal needs and provide you with an experienced and competent analysis.


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