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The limits for alcohol in road traffic are clearly regulated. Following the partial legalization of cannabis, it is now also clear what will apply to drivers who smoke weed in the future.
The dangers posed by drunk drivers have long been known. That is why clear blood alcohol limits have been set – and there are also approaches to preventing drunk driving in the future by using alcohol detectors in cars. Following the partial legalization of cannabis, new regulations are also being introduced here: the Bundestag has now passed a law by the traffic light coalition that sets a limit for the active ingredient THC while driving and fines for violations – similar to the 0.5 per mille limit for alcohol. Stricter rules apply to novice drivers and the mixed consumption of cannabis and alcohol.
Are current cannabis limits too strict?
Since April 1st, smoking weed has been legal for adults – with many requirements, including private cannabis cultivation. This is now being accompanied by regulations for road traffic, which experts have been discussing for some time. Until now, the strict line was that consequences could be threatened even if tetrahydrocannabinol (THC) was detected. A value of 1 nanogram per milliliter of blood has been established in case law. At the traffic court day, experts spoke out in favor of an “appropriate” increase as early as 2022. This is because this is so low that many people would be sanctioned for whom there is no justification for a reduction in driving safety.
The limits for drivers who smoke weed are set: From 3.5 nanograms of THC, a fine of 500 euros and a one-month driving ban are threatened. (Symbolic image) © Bihlmayerfotografie/Imago
From 3.5 nanograms of THC in the blood, fines and driving bans are threatened
In future, a legal limit will determine when tolerance for cannabis ends: Anyone who intentionally or negligently drives with 3.5 nanograms of THC or more will then generally risk a 500 euro fine and a one-month driving ban. The threshold follows recommendations from an expert commission of the Ministry of Transport, according to which a safety-relevant effect is “not unlikely” from that point onwards. It is comparable to 0.2 per mille alcohol and is well below the threshold of 7 nanograms, at which an increased risk begins. A surcharge for measurement errors is also included.
What is the danger of mixing alcohol and cannabis
In future, it will be a new administrative offence if you smoke weed and drink alcohol. If you have reached the threshold of 3.5 nanograms of THC or more, you are prohibited from drinking alcohol while driving – that is, from consuming an alcoholic drink or driving while under the influence of cannabis. Violations will result in a higher fine of usually 1,000 euros. For new drivers, the same applies as for alcohol: during the two-year probationary period and for those under 21, cannabis is prohibited – the limit of 3.5 nanograms of THC does not apply. Sanction: usually 250 euros. A ban on mixed consumption was one of the measures taken. demanded by the General Association of Insurers.
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Cannabis while driving: THC-containing medications are exempt from the regulation
THC while driving concerns cannabis consumption of all kinds, as explained in the draft – i.e. joints, but also edibles, drinks, oils and extracts containing THC. However, it is expressly excluded if the THC “comes from the intended use of a drug prescribed for a specific illness”. During checks, sensitive saliva tests should be used “as a pre-screening to prove current consumption”, the justification for the draft states. If someone shows signs of impairment, a blood sample is required in any case, even if the saliva test is negative.
“Safety-relevant effects” especially up to 30 minutes after THC consumption
It is undisputed that drugs affect the ability to drive – at a blood alcohol level of 1.6 at the latest, drivers are threatened with having their license revoked and having to undergo an MPU. However, cannabis does not work the same way as alcohol. It is not possible to “approach” the THC limit, as the draft states. The expert commission referred to studies on the effects. Safety-relevant effects are most pronounced 20 to 30 minutes after consumption and subside after three to four hours. In users who smoke weed no more than once a week, the THC concentration drops within a few hours. With frequent consumption, THC can accumulate in the body and can still be detected in the blood for days or weeks.
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Editor’s note: This text has already appeared in the past. It was of particular interest to many readers. That is why we are offering it again.
