CBD Vs. Cannabis in Car Accidents

August 9, 2019 | Attorney, Matthew Dolman
CBD Vs. Cannabis in Car Accidents

How Can CBD Affect Car Accident Claims?

Over the past few years, our country has seen a much more widespread acceptance of substances like cannabis. Several states including Florida have adopted more forgiving stances towards the use of the substance by allowing some people to use medical marijuana. Some states have gone so far as to legalize the recreational use of cannabis despite federal laws deeming so to be illegal. If this trend continues it is likely that many more states will follow suit which possibly includes our own. In response to this controversy revolving around cannabis, many people have turned to alternatives that have been deemed acceptable by legal standards. CBD is a substance used in many popular wellness products revolving around pain relief but its ties to cannabis have lead to people wondering whether it is safe to drive and use CBD at the same time.

Car Accident Claims Revolving Around Substance Abuse

Cannabis and many other substances have the potential to be abused and put people in danger. This can sometimes extend to accidents involving motor vehicles. People that have been injured because a negligent driver was under the influence of a substance that impaired their driving ability then they may be liable in a car accident claim. Car accident injury claims can get those injured in accidents the compensation that they need to help pay for damages like medical bills, lost wages, and pain and suffering.  Handling a car accident injury claim while recovering from a car accident injury is no simple task. Allow an experienced attorney to assist you in this difficult time and provide the skills you need to secure compensation for your damages. Dolman Law Group Accident Injury Lawyers, PA specializes in cases involving car accidents caused by those that were driving under the influence. Our lawyers have the expertise and resources your case will need so that you can prove the negligence of those responsible for your injuries and negotiate a fair settlement or win your case in court if need be. To schedule a free consultation with Dolman Law Group Accident Injury Lawyers, PA either contact us online or call our Clearwater office at (727) 451-6900.

What is CBD?

CBD or Cannabidiol is a  phytocannabinoid found in the cannabis plant. It is actually one of 113 identified cannabinoids in cannabis and makes up a significant portion of its extract. CBD is used in a variety of wellness products aimed at providing relief from anxiety and pain. CBD can be taken into the body in a number of ways including inhalation via smoke or vapor, eating, or aerosol spray into the cheek.

CBD Legality 

Due to its ties with cannabis, CBD has been the focus of a complex and ongoing legality controversy since it has recently been popularized. Every state has very different laws regarding whether CBD products are legal and how. In the state of Florida, a person would legally require a medical marijuana card to get marijuana CBD products. However, there have been recent developments that have legalized hemp cultivation and legality in Florida. Hemp is a sister plant to the marijuana known for its psychoactive properties and it contains only trace amounts of THC which is responsible for psychoactive effects. Hemp contains a large amount of CBD that makes it ideal to cultivate for CBD products. Since most CBD products, as a result, have only traces of less than 0.3 THC, Florida does not consider it marijuana and it is legal to use. 

CBD Effects

Many people have flocked to CBD as a natural relief provider although there is not much scientific research that conclusively confirms a lot of the claims made about the substance. Despite this people say that they experience relief from a number of ailments when they take CBD. CBD is commonly used to help with the following:
  • Glaucoma
  • Anxiety
  • Parkinson's disease
  • Depression
  • Loss of appetite
  • Chronic pain
  • Epilepsy
  • Acne
  • Insomnia
  • Muscle spasms
In terms of negative side effects, CBD does not get you high like many people may fear. There is no risk of getting too high off of CBD to drive since it lacks any of the psychoactive properties of THC which is the primary substance behind the high achieved through cannabis use. However, there are a number of CBD products that require a medical marijuana card to get since they contain levels of THC above trace amounts. In this case, a person should be aware of how the product will impact their ability to drive since the psychoactive properties of THC have been shown to impair driving ability when imbibed in significant enough amounts although many people do not suffer significant driving impairment through light use. There are a few reported side effects such as anxiety, changes in appetite, changes in mood, diarrhea, dizziness, drowsiness, dry mouth, nausea, and vomiting that have been reported to be triggered by CBD usage. CBD products may also have a chance to interact negatively with certain medications and prescriptions. 

How Does CBD Affect a Car Accident Claim?

CBD products, for the most part, do not really impair a person's ability to drive so there is not really much to be said for its ability to make someone liable because of its use. However, there are always situations where a substance can be abused and cause effects that may impair a person's ability to drive safely. In the event that the CBD product had more than trace THC in it then in that case, someone may be considered liable for an accident if the THC resulted in them having the impaired driving ability because of drowsiness, loss of concentration, etc. 

Contact an Experienced Florida Car Accident Lawyer Today

Winning your car accident lawsuit requires proving negligence, or making other arguments such as negligence per se and strict liability. That is not a job for a non-lawyer. You need to focus on rehabilitation and healing and let a skilled car accident injury attorney handle the details of your case, including investigating your accident, gathering evidence, and building the strongest case possible for your situation. If you have been involved in a car accident, don't try to win your case alone; hire an experienced lawyer to represent you and ensure the best chance to recover losses related to your accident and injury. With offices across both Florida coasts, you can easily reach Dolman Law Group Accident Injury Lawyers, PA, and Dolman Law Group Accident Injury Lawyers, PA, at (727) 451-6900, or via online contact form for a free consultation to discuss the ways in which our skilled legal team can assist you. Dolman Law Group Accident Injury Lawyers, PA 800 North Belcher Road Clearwater, FL 33765 (727) 451-6900 https://www.dolmanlaw.com/florida-car-accident-lawyer/


Matthew Dolman

Personal Injury Lawyer

This article was written and reviewed by Matthew Dolman. Matt has been a practicing civil trial, personal injury, products liability, and mass tort lawyer since 2004. He has successfully fought for more than 11,000 injured clients and acted as lead counsel in more than 1,000 lawsuits. Always on the cutting edge of personal injury law, Matt is actively engaged in complex legal matters, including Suboxone, AFFF, and Ozempic lawsuits.  Matt is a lifetime member of the Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum for resolving individual cases in excess of $1 million and $2 million, respectively. He has also been selected by his colleagues as a Florida Superlawyer and as a member of Florida’s Legal Elite on multiple occasions. Further, Matt has been quoted in the media numerous times and is a sought-after speaker on a variety of legal issues and topics.

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