news-data">News from bussgeldkatalog.org, published on: July 28, 2022
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Smoking weed in moderation should become legal – the federal government wants to allow a controlled sale of cannabis for recreational purposes. Adults can then buy the drug from licensed stores. A corresponding draft law should be in place by the end of 2022. However, there is still disagreement about the details of cannabis legalization. However, driving under the influence of drugs is and will remain illegal – and nothing will change that. And if the law for the controlled legal supply of cannabis comes, it will be even more important for drivers to clearly separate drug use and driving.
Legal situation for driving a car despite cannabis use
Alcohol and drugs reduce, among other things, the ability to react and concentrate and increase the willingness to take risks. Consumers also tend to overestimate themselves and misjudge dangers. Even small amounts of drugs can drastically reduce the ability to drive. This is precisely what is extremely dangerous on the road and is therefore prohibited.
Despite the planned cannabis legalization, driving a car after smoking weed remains prohibited and at least one administrative offence but. In the § 24a paragraph 2 Road Traffic Act it says:
“Anyone who drives a motor vehicle on the road under the influence of an intoxicating substance specified in the annex to this provision is an administrative offence. Such an effect exists if a substance mentioned in this Annex is detected in the blood. Sentence 1 does not apply if the substance originates from the intended use of a drug prescribed for a specific case of illness.”
Anyone who commits such an act must expect the following consequences:
In 2017 there was a first “small Cannabis legalization” while drivingbut only for medical reasons: Pharmacies are allowed to dispense cannabis flowers if a patient presents a prescription from a doctor due to serious illnesses. A so-called applies to them drug privilege. You do not violate § 24a Para. 2 StVG if you drive a motor vehicle after consuming cannabis – provided you take the dose prescribed by the doctor and show no signs of failure.
Despite legalization of cannabis: Driving under the influence of drugs is a criminal offence
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In the worst case, driving a car despite consuming cannabis is even a criminal offence:
- Anyone who drives a vehicle under the influence of drugs, although they are no longer able to do so, and endangers other road users or other people’s property of significant value, commits a crime Danger to road traffic according to § 315c StGB punishable. He faces a fine or imprisonment of up to five years and his driver’s license revoked.
- If a penalty according to § 315c StGB is not an option, there is still a threat of a penalty Drunk driving according to § 316 StGB. In addition to having your driver’s license revoked, you could face a fine or up to one year in prison. Incidentally, this also applies to drivers who have been prescribed cannabis for medical reasons. Despite cannabis legalization when driving a car, there is no criminal privilege here.
With regard to fitness to drive, there is no comparable limit values as for driving under the influence of alcohol, because drugs affect each user differently. The legislator shows zero tolerance for hard drugs within the meaning of the Narcotics Act (BtMG). Only in the case of cannabis is fitness to drive assessed on the basis of consumption behavior.
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