Since the cannabis light fashion has taken hold there is a question that has often been asked by our readers who use it: is there a risk of being positive to the urine tests and therefore of being able to see the licence suspended? A question which, as too often happens with all legal doubts related to cannabis, does not find a simple and clear answer, even if some specific data and cases that have emerged in recent months can help to give an answer which, unfortunately, we anticipate, does not go in the direction hoped for by users.
THE FIRST INFORMATION FROM SWITZERLAND. Some companies in the sector have consistently reassured consumers in recent months that the use of cannabis with legal Thc content does not pose any risk of being positive in urine tests. However, this seems a little too optimistic. From Switzerland, where the phenomenon of cannabis light first developed, denials are already coming. The operator of a Swiss growshop wanted to do an experiment: he smoked five legal cannabis cigarettes before testing, and was positive despite waiting five hours before doing so. The Swiss Federal Office of Public Health has also sent retailers a circular asking them to advise consumers not to drive after consuming it.
“IT CANNOT BE SAID THAT THERE IS NO RISK’. In Italy, too, there have already been cases of drivers who have had their driving licences suspended due to the use of certified hemp. To confirm this, the lawyer Carlo Alberto Zaina confirms Dolce Vita, who does not use sweet words towards traders who tell his clients to be reassured: “I have already been contacted by some drivers who have had their driving licences suspended after having smoked legal hemp, this is enough to deny any rumours to the contrary. Those who declare that there is no such risk are irresponsible and if they are manufacturers or traders they could also be accused of fraud in trade under the law.
BEYOND WHAT CONSUMPTION LIMIT CAN BE POSITIVE? Urine tests do not directly identify the presence of THC, but of its main metabolite, THC-COOH: if it is present in concentrations higher than 50 ng/ml, the test gives a positive result. But how much THC do you need to take to reach the threshold? There is no single answer, since the result depends on the metabolism of each one. However, research published in the Journal of Analytical Toxicology has tried to establish risk criteria in an experiment. For ten days, 15 people were subjected to consumption of low THC concentrations. When taking 0.45 mg THC none of them were positive, but when one of the guinea pigs consumed 0.6 mg per day, he exceeded the limit of 50 ng/ml in the urine, and therefore in the case of a police arrest he would have seen his driving licence suspended.
WHAT SHOULD I DO IF I AM POSITIVE WITH THE TEST? Simply being positive in the test is not synonymous with guilt. The law establishes that it is a crime to drive under the influence of drugs and the Court of Cassation has ruled that the mere positive test of urine or blood is not in itself sufficient proof to impose the penalty. The precautionary suspension by the police who carried out the test is not sufficient, but must be rectified by a doctor and then by the prefecture. “However, in case of positivity the risk of finding oneself in a dead end is very high – explains the lawyer Zaina – since doctors and prefects very rarely deny the report compiled by agents. So it often happens that the suspension of the driving licence is cancelled only in the criminal trial, when it has already been taken for granted”. For more specific advice, we recommend reading this section.
