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New rules can also apply retroactively

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Higher limits for cannabis while driving have been in effect since the end of August. Anyone who has not yet been convicted can rely on the more lenient limits.

The consumption of cannabis has been permitted in certain quantities in Germany since the beginning of April. However, there were initially no set limits for drivers, as there are for alcohol. In June The Bundestag has set a legal upper limit of 3.5 nanograms of THC per milliliter of blood.

Limit values ​​apply retroactively: Higher Regional Court rules in favor of cannabis offenders

Cannabis has been permitted since April. A court has now decided that limit rules set later also apply retroactively. (Symbolic image) © Pond5 Images/Imago

The higher cannabis limits while driving can also apply retroactively. Drivers who were caught with drugs in their blood before August 22nd and whose proceedings are still ongoing can insist on a more lenient sentence, as can be seen from a decision by the Oldenburg Higher Regional Court (file number 2 ORbs 95/24).

Because the most lenient legislation must always be applied in criminal and administrative offense law, the new limit values ​​also apply to trips before the deadline, so-called old cases. A driver who was actually sentenced by a district court to a three-month driving ban and a fine of 1,000 euros benefited from this. Because the verdict was not yet final, he was now acquitted.

Dispute over speed limits for through townView photo series

The limit is not well received in Germany

However, many drivers in Germany consider this value to be too high. According to a survey by Autoscout24.de ssaid the majority for a value of 0.0 nanograms out of. The significantly stricter regulations were particularly well received among older drivers.

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Die Control by the police However, this differs from alcohol tests. In Germany, THC is usually detected in urine or saliva. Sweat tests are also possible, but these often work even if the test person has only had contact with cannabis. This can also happen unknowingly. (With material from SP-X)

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