The partial legalization of cannabis in Germany has been in effect since April 1, 2024. Nevertheless, anyone who has consumed cannabis the night before and is driving a car runs the risk of being punished. The amount of cannabis allowed while driving has not yet been determined. Bundestag decided on June 6, 2024. The new THC limit for drivers has been in effect since August 22, 2024.
Cannabis legalization: This applies to drivers and novice drivers
Driving a car while intoxicated has legal consequences in Germany: Anyone caught with too much alcohol in their system faces penalties. Anyone driving with cannabis in their system can also expect to receive a fine and have their license revoked. Cannabis has been legal since April, but the THC limit still needs to be clarified. However, there has been a clear limit for the intoxicating cannabis ingredient tetrahydrocannabinol (THC) for drivers since the end of August: 3.5 nanograms per milliliter of blood serum (ng/ml).
According to the Bundestag, anyone who intentionally or negligently gets into a car and drives with this value or more than 3.5 ng/ml THC will in future risk a fine of 500 euros and a one-month driving ban. If the person has not only consumed cannabis but also drunk alcohol, it can be even more expensive. In this case, the fine doubles and amounts to 1,000 euros.
The new THC limit does not yet apply to novice drivers. Just as with the consumption of alcohol, the new THC limit also applies to cannabis, according to tagesschau.de during the two-year driving license probationary period and for drivers under 21 years of age. Violations are subject to a fine of 250 euros. According to the ADAC, the detection limit is 1.0 ng/ml THC.
Cannabis while driving: What was the rule before the new THC limit?
Among other things Traffic lawyers had called for an increase in the THC limit. Up until now, anyone who had more than 1.0 nanogram (ng) of the main active ingredient tetrahydrocannabinol (THC) per milliliter of blood serum was considered unfit to drive. The traffic light factions initially remained tight-lipped about statements on limit values. They were waiting for feedback from the so-called Limit Value Commission.
At the end of March, the Ministry of Transport had proposed a value of 3.5 nanograms. This was “comparable in terms of risk to a blood alcohol concentration of 0.2 per mille,” according to the Daily MirrorThe limit of 3.5 ng/ml is intended to ensure that “only those who consumed cannabis within a certain time period while driving a motor vehicle and who could have an effect on road safety when driving a motor vehicle are sanctioned.” In addition, the experts recommended an absolute ban on alcohol consumption for cannabis users while driving.
The Bundestag introduced a corresponding amendment to the law in June. The special rule for the probationary period and drivers under 21 years of age was already anchored here. The new THC limit of 3.5 ng/ml has been in effect since August 22, 2024.
How many nanograms after a joint the next day?
The Joint Working Group on Limit Values and Quality Control, better known as the Limit Values Commission, says it is working on “new scientific findings with regard to the establishment of limit values”. Particularly with regard to road traffic, “due to the pharmacokinetic characteristics of some drugs, a concentration-effect relationship cannot be derived as easily as with alcohol”. This probably also includes cannabis. In addition, every person has an individual rate at which the active substances are broken down.
Similar to certain medications, you may only drive a vehicle when you are sober, otherwise your driving license may be revoked. The interdisciplinary working group under Federal Transport Minister Volker Wissing (FDP) wanted to propose a THC limit for road traffic by the end of March 2024. According to reports from Legal Tribune Online For example, the SPD parliamentary group in the Bundestag had proposed a limit of 3.0 ng/ml. Traffic lawyers from the German Bar Association (DAV) had suggested 4 to 16 ng/ml, in order to be in the range that would correspond to having 0.5 per mille of alcohol in your system.
By the way: If you have lost your driving license in any other way, you will have to expect costs for having it reissued.
THC limit: ADAC with clear proposal
During the discussion, the ADAC stressed that “despite the planned decriminalization, one should not drive while stoned.” The automobile club therefore called for “clear rules for reasons of road safety” and pointed out a few points:
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The purchase and possession of cannabis must be separated from driving while under the influence of drugs. The tenor: “We must not experiment with road safety.”
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Cannabis consumption changes perception and negatively influences reaction times. Inexperienced users “may not be sufficiently aware of this danger.”
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There must be intensive information about the risks. “It is also important to provide sufficient information that driving under the influence of drugs remains a criminal offense.”
Markus Schäpe, head of the ADAC legal department, said: “As with alcohol, we need an unequivocal limit that is based exclusively on the effects of cannabis on the road.” Therefore, they are in favor of maintaining the current rules for novice drivers. This means that they should continue to be fined for 1.0 nanograms. For all other drivers, a limit should apply “above which road safety is expected to deteriorate.”
By the way: If you don’t want to miss out on the joy of driving and want to take a scenic drive, you should check out the seven most beautiful panoramic roads by car. But even there, anyone caught using their mobile phone while driving or driving too fast will have to pay.
