Addressing the use of CBD and Traffic Accident Claims in Alabama

When the Agriculture Improvement Act of 2018 (Farm Bill) became law, it descheduled hemp from the Controlled Substances Act. This means that growing, manufacturing, distributing, and possessing products derived from hemp are legal at the federal level. As a result, many states began passing their own laws regulating the sale and possession of cannabidiol (CBD), which is derived from hemp. CBD does not have the psychoactive properties of tetrahydrocannabinol (THC), which is contained in marijuana products.

The laws regarding CBD oils and similar products vary widely across the United States. In Alabama, CBD can be sold and purchased as long as it contains less than 0.3 percent of THC. Many people purchase CBD products to relieve pain, anxiety or depression, cancer or chemotherapy-related symptoms, and other conditions.

However, because CBD is still a cannabis-derived product, there are many adverse attitudes and suspicions regarding its use and whether it should be legal. Many people associate CBD directly with marijuana and believe that people use the product to get “high,” instead of for holistic purposes. As an attorney who represents car accident victims, it is important to know how to address the issue of CBD in traffic accident claims.

At Luck Law, we know how critical it is to stay apprised of changing laws and factors in accident and injury claims. Please contact us today to discuss a possible case.

Is it Safe to Drive after Using CBD Products?

Many car accident victims believe that CBD use should be enough to prove liability on the part of another driver, though this is often not the case. In general, CBD that is legal in Alabama should not have any psychoactive effects that impact a person’s ability to drive. CBD should not be treated the same way as marijuana, alcohol, or other mind-altering substances.

However, at Luck Law, attorney Terry Luck recognizes that there are exceptions when CBD might play a role in car accident liability. For example, CBD has been known to have certain side effects in some users, which might include:

●    Dizziness
●    Fatigue
●    Nausea or vomiting
●    Anxiety
●    Mood changes

Some of these side effects - especially fatigue or dizziness - might impair a driver’s usual driving abilities. CBD might also adversely interact with other medications a driver is taking, which can cause issues that might impact driving.

Finally, not all CBD products are in line with Alabama law. Many products might have more than 0.3 percent THC, especially if the CBD was not purchased directly from a licensed establishment. For example, someone with a medical marijuana card in Florida might obtain CBD products with a substantial enough dose of THC to cause impairment. That person should not be driving after using the CBD product, and they should not be giving doses away to others without a medical card. People might unknowingly - or intentionally - drive after using CBD products with higher amounts of THC that make them “high.”

Consult with an Experienced Montgomery Auto Accident Lawyer

CBD is a complex issue across the United States, and its relevance can complicate auto accident cases. If you were injured by an impaired driver or another dangerous driver in the Montgomery area, you should not wait to contact Luck Law today.