Despite the fact that some local law enforcement officials have cracked down on sellers of CBD, under the 2014 Farm Bill, CBD and hemp-derived products are legal on the federal level. Local laws are struggling to keep up, with some law enforcement not sufficiently aware of the difference between CBD and marijuana. While CBD has not been widely researched for its medical benefits, despite this, many people use CBD to manage a variety of ailments, from anxiety to insomnia. While the studies on the effectiveness of CBD are few and far between (the only condition that CBD has been approved to medically treat is epilepsy), many people swear by the product, claiming it has helped them alleviate their pain, manage their anxiety, tame addictions, and even help them with their sleep problems. At the end of the day, many people use CBD for a variety of reasons, some of them with unclear health benefits. The question is this—can CBD impact a person’s ability to safely operate a motor vehicle? Should you drive after using CBD? What can a person do if he or she is hurt in a car accident and believes the other person behind the wheel might have been intoxicated or impaired? George R. Fusner, Jr. is a Nashville, Tennessee car accident law firm that may be able to help you and your family if you were hurt in a crash. Let’s explore CBD’s known side effects, the law, and more.
CBD and Driving
Before we discuss the side-effects of CBD, it is important to make a clear distinction about CBD. CBD does not get people “high” like marijuana. The concern with CBD is similar to the concern we might have with a person taking cold medicine and driving. According to Harvard Health, CBD has several known side effects. These side effects include nausea, fatigue, and irritability. While these side effects in themselves don’t necessarily impair a driver, fatigued driving can be dangerous. If CBD makes you sleepy when you take it, you shouldn’t get behind the wheel. Truck laws govern truck drivers and regulate how long they can be on the road to prevent fatigued drivers from getting behind the wheel. While passenger vehicle drivers are not regulated on hours of service, passenger vehicle drivers can be held accountable if they get into an accident because they fall asleep behind the wheel or make a mistake when driving.
If a driver was fatigued and this led to your car accident, you may have the right to seek damages for your lost wages, medical bills, rehabilitation costs, and other losses. The car accident lawyers at George R. Fusner, Jr. in Nashville, Tennessee may be able to help you. Contact our car accident attorneys today to learn more.
Another issue that has arisen with CBD and the law is marijuana tests producing false positives for CBD users. The New York Times recently reported that a common drug test used by police cannot tell the difference between CBD and marijuana. This means that individuals who need to be tested for probation, child custody, or other crucial matters could face law enforcement actions if these tests product a false positive. In states where marijuana is illegal, but CBD is legal, this could also create an added conundrum when enforcing the law. Because these tests can produce false positives, it is possible that a person taking legal CBD could face charges for using marijuana. At the end of the day, drug tests for marijuana and driving are already suspect because THC can remain in a person’s system long after the “high” wears off. At the end of the day, police watch for signs at the scene of an accident that a person might be intoxicated, inebriated, or too tired to drive. Some of the confusion around CBD stems from the fact that it is a compound contained in marijuana. Though CBD is a compound in marijuana, CBD is distinct from the active ingredient in marijuana that gets a person high. CBD is not THC. A person can take CBD and not be high. The concern here is that CBD can make a person fatigued. So CBD use and driving is similar to driving after taking cold medicine or sleeping medicine. Still, drivers have a responsibility to get behind the wheel when they are safe to drive.
If another driver was responsible for your car accident in Nashville, Tennessee, you may have many questions about your rights. George R. Fusner, Jr. is a Nashville, Tennessee car accident law firm that may be able to help you seek damages from negligent parties after your crash. However, you may only have a limited amount of time to make a claim. Reach out to our Nashville, Tennessee car accident lawyer today or connect with our attorney through USAttorneys.com to learn more about your rights and options under the law.