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Cannabis consumption and driving – a tricky combination. New limits apply immediately and are intended to create legal certainty, but also cause discussions.
Munich – Since April, the consumption of cannabis has been partially legalized in Germany. But what about driving under the influence of this substance? The question has remained largely unanswered since then. Now, laws that are controversial among experts are coming into force. Failure to comply can result in hefty penalties, and it is particularly expensive if alcohol is involved.
Government follows recommendation to raise limits
Until twenty years ago, anyone caught driving under the influence of cannabis would have their license taken away without exception. Most recently, a value of 1 nanogram per milliliter of blood for the active ingredient THC (tetrahydrocannabinol) had been established in case law, writes the information portal bussgeldkatalog.org.
With the decriminalization of cannabis in Germany, the limits for driving were discussed again. A working group voted to increase the THC level to 3.5 nanograms per milliliter of blood.
Twenty years ago, any trace of cannabis found while driving would have cost you your license. With the partial legalization, the laws governing road traffic were also revised. They now apply. (Symbolic photo) © Michael Bihlmayer/Imago
The previous limit was so low that many people were punished without being able to prove that it was detrimental to driving safety. 3.5 nanograms is comparable to 0.2 per mille of alcohol in the blood. The government followed this recommendation and the new limit has been legally binding since August 22nd.
Effective immediately: These are the new limits and penalties for cannabis while driving
Violations of these limits are punished with a fine of 500 euros and a one-month driving ban. If alcohol was also involved, the fine increases to 1,000 euros and the driver’s license is also confiscated for one month. By comparison: anyone driving with more than 0.5 per mille alcohol in their blood must pay 528.50 euros, is not allowed to drive for a month and receives two points in Flensburg.
The limit of 3.5 nanograms does not apply to novice drivers and people under 21 years of age. As with alcohol, there is a zero tolerance limit for cannabis consumption during the two-year probationary period. Anyone who does not comply must pay a fine of 250 euros. There is no threat of a driving ban in this case. This means that cannabis consumption among novice drivers is punished in a similar way to alcohol abuse: 278.50 euros and one point in Flensburg.
These limits and penalties apply to cannabis while driving with immediate effect:
- More than 3.5 nanograms of THC in the blood: 500 euros, one month driving ban
- More than 3.5 nanograms of THC and alcohol in the blood: 1000 euros, one month driving ban
- Any blood test for novice drivers and drivers under 21 years: 250 euros
Cannabis rules are controversial: “Does not do justice to preventive hazards”
According to the Federal Ministry of Transport, the new rules ensure legal certainty and legal clarity. However, they are not without controversy. The German Motor Vehicle Inspection Association (DEKRA) warned early in the debate that raising the THC value could “send the wrong signal”.
“In our view, the bill does not do justice to the principle of preventive hazard prevention,” said Dr. Thomas Wagner, head of the officially recognized assessment centers for driving suitability at DEKRA, critically in a statement from April 2024. There is no uniform state of research on the level of THC at which driving safety would be impaired.
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“It is also dangerous wording, which could suggest that no effects are to be expected at concentrations below this.” Wagner is of the opinion that even small amounts can have an impact on perception, concentration and reaction ability while driving. The police union sees problems with the implementation of the new rules. The existing testing options can only determine whether someone has consumed cannabis or not. If so, a blood test would be required at the police station. There is no comparable breathalyzer like the one for alcohol.
Cannabis breaks down individually – ADAC advises how long you should wait to drive after smoking weed
However, the ADAC believes that the limit of 3.5 nanograms is sensible. “There is no evidence so far that the interests of road safety are compromised by this,” says the automobile club. There is no dose-effect relationship with the consumption of cannabis as there is with alcohol.
However, ADAC and DEKRA agree on one point: anyone who consumes cannabis should not drive a car. “We know from driving simulation studies, for example, that cannabis users have difficulty keeping a straight line and have to constantly correct themselves. That’s why you should only get behind the wheel again when you are sure that you can drive without risk,” said an ADAC spokesperson.
