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After the legalization of cannabis: What THC limits should be observed when driving?
The legalization of cannabis is now in effect in Germany. What THC limits should be observed when driving? This information is crucial for motorists.
As of April 1, 2024, a partial legalization of cannabis is in place in Germany. However, there remains a risk of punishment if you consume cannabis the night before and then drive a car. There is still ongoing discussion on the best approach to dealing with cannabis while driving. This text provides insights into the planned THC limit and the current proposal from ADAC.
Cannabis Legalization: Implications for Drivers
In Germany, driving under the influence of alcohol or drugs carries legal consequences: individuals caught with excessive alcohol levels risk penalties. Similarly, drivers under the influence of cannabis face fines and license suspension. Although cannabis is now legal, there is still clarification needed regarding the THC limit.
As part of Karl Lauterbach's new cannabis law, set to take effect on April 1, a new THC limit for driving has been announced. The Federal Ministry of Transport has revealed what an independent group of experts proposes. This proposal concerns not only a limit but also includes other considerations.
The proposal states: Individuals caught driving with a THC level of 3.5 nanograms per milliliter in the bloodstream will violate traffic laws and risk losing their licenses. This marks a significant increase, as the previous guideline for cannabis while driving was one nanogram. The Federal Ministry of Transport comments on the proposed limit as follows: "Based on current scientific evidence, reaching this THC limit may have a relevant impact on road safety while driving, although it remains significantly below the threshold where a general risk of accidents occurs." This value corresponds, in terms of risk, to a blood alcohol concentration of 0.2 per mille.
Cannabis Driving Limit Increased - But Zero Tolerance for Mixed Consumption
Experts suggest that soon there should be zero tolerance for alcohol consumption while simultaneously having consumed cannabis while driving. The risk posed by mixed consumption of both substances is deemed too high. It is recommended to introduce an absolute alcohol ban for individuals who consume cannabis while driving, as per § 24c StVG.
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The higher limit ensures that only serious violations are punished
According to experts, the higher limit compared to the old value has the advantage that "only those who consume cannabis in connection with driving a motor vehicle and may have a relevant impact on road safety will be sanctioned." The Federal Ministry of Transport explains that THC in the bloodstream can still be detectable for several days after the last consumption, even with regular use.
To introduce the recommended limit, an amendment to the Road Traffic Act, specifically § 24a, is required. Therefore, the higher limit will not come into effect immediately at the start of partial cannabis legalization on Easter Monday (April 1).
Summary
Experts recommend raising the THC limit for driving under Karl Lauterbach's new cannabis law. The Federal Ministry of Transport has proposed that drivers with a THC level of 3.5 nanograms per milliliter in the bloodstream violate traffic laws and risk their driver's licenses. This limit corresponds to about 0.2 per mille. Additionally, it is proposed that a zero-tolerance policy be introduced for driving under the simultaneous influence of cannabis and alcohol. The higher limit allows only drivers whose cannabis consumption is temporally linked to driving and may have a relevant impact on road safety to be sanctioned. The introduction of the recommended limit requires an amendment to the Road Traffic Act, § 24a, and therefore will not come into effect immediately with the partial legalization of cannabis on Easter Monday (April 1).
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