Since April 1st, it has been legal in Germany – with a few exceptions – to consume and carry cannabis. This Thursday, the new traffic regulations will also come into force: driving after consuming cannabis will be permitted up to a set limit. However, there are a few things to consider – for example, with regard to mixed consumption with alcohol. What applies from now on:
What is the limit?
The limit will be 3.5 nanograms of tetrahydrocannabinol (THC) per milliliter of blood serum. Anyone caught driving with this or a higher value risks severe penalties. However, it is difficult to find out for yourself when this limit has been reached.
How high are the penalties?
Anyone caught with a higher THC level in their blood can usually expect a fine of 500 euros and a one-month driving ban – comparable to the penalty for an alcohol level of more than 0.5 per mille. Anyone who has smoked weed must not have also drunk alcohol. Cannabis users are absolutely prohibited from drinking alcohol while driving – otherwise they face a fine of 1,000 euros and a one-month driving ban.
What exceptions are there?
The new limit does not apply to novice drivers. During the probationary period, i.e. the two years after passing the driving test, the permitted level of cannabis in the blood is zero. Anyone under the age of 21 is also prohibited from driving cannabis. Exceptions to the limit also apply to people who have been prescribed cannabis by a doctor: If a higher level is found in cannabis patients with a corresponding prescription, they generally do not face a penalty – unless they have symptoms of impairment.
How is it controlled?
The cannabis level will be determined during traffic checks using saliva samples. “Saliva tests with high sensitivity are planned as a pre-screening to detect current consumption,” it says. in the draft law of SPD, Greens and FDPIf someone shows symptoms, a blood sample can be taken – even if the saliva test is negative.
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How did they arrive at this exact limit?
In December last year, the Federal Ministry of Transport commissioned a working group of experts. The group came to the following conclusion: “The experts believe that the proposed limit of 3.5 ng/ml THC in blood serum is a conservative approach, which is comparable in terms of risk to a blood alcohol concentration of 0.2 per mille.” The Bundestag adopted this recommendation.
What was the regulation like so far?
Up until now, it was actually not allowed for any cannabis to be present in the blood of drivers. However, the legal system had established a limit of one nanogram per milliliter of blood, and only above this limit could a fine be expected.
Who criticizes the new regulation and who supports it?
The ADAC considers the limit value to be plausible. There is no evidence to date that this value would impair road safety. said ADAC traffic president Gerhard Hillebrand. With the old limit of one nanogram, cannabis was often detected, especially in habitual users, but driving safety was not impaired.
The German Police Union is against the new regulation. Experience in the USA and Canada has shown that the legalization of cannabis has a significant impact on road safety, says in a statement from May. Experts such as Matthias Graw, head of forensic medicine at the University of Munich, point out that unlike alcohol, there is not always a direct connection between concentration and effect. For example, a while after consuming cannabis, concentrations in the blood drop sharply, but at the same time the effect increases. It is difficult for consumers to estimate how stoned they really are.
It is generally assumed that the effects of cannabis are at their highest 20 to 30 minutes after consumption and wear off again after three to four hours. But there are differences here too – depending, for example, on the form in which the weed is consumed.