Partial legalization of cannabis: Bundestag sets limit for THC at the wheel
Driving drunk is dangerous, but one beer is usually allowed. The Bundestag set new rules for drivers with THC in their blood.
(Image: Dmytro Tyshchenko/Shutterstock.com)
- Sascha Meyer
- Axel Hofmann
Following the partial legalization of cannabis, there are also new regulations for drivers. The Bundestag passed a law by the traffic light coalition that sets a limit for the active ingredient THC at the wheel and fines for violations, similar to the 0.5 per mille limit for alcohol. Stricter rules apply to novice drivers and mixed consumption of cannabis and alcohol.
Since April 1, smoking pot has been legal for adults under certain conditions. This is now being accompanied by regulations for road traffic, which experts have been discussing for some time. Previously, the strict line was that even the detection of tetrahydrocannabinol (THC) could have consequences. A value of 1 nanogram per milliliter of blood has become established in case law. At the Traffic Court Conference in 2022, experts spoke out in favor of an "appropriate" increase. This is because it is so low that many would be sanctioned for whom a reduction in driving safety could not be justified.
The limit value
In future, a legal limit will determine when the 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 the recommendations of an expert commission of the Ministry of Transport, according to which a safety-relevant effect is "not far-fetched" from then on. It is comparable to 0.2 per mille of alcohol and is clearly below the threshold of 7 nanograms, above which an increase in risk begins. A surcharge for measurement errors is also included.
Mixed consumption
In the future, it will be a new misdemeanor if alcohol is added to weed. If you have reached the threshold of 3.5 nanograms of THC or more, you will be banned from driving under the influence of alcohol. Violations are subject to a higher fine, usually 1,000 euros. In the future, novice drivers will be subject to the same rules as with alcohol: cannabis is prohibited during the two-year driving license probationary period and for those under 21 years of age – the limit of 3.5 therefore does not apply. Sanction: typically 250 euros.
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Further requirements and tests
THC driving involves cannabis consumption of all kinds, as explained in the draft – i.e. joints, but also THC-containing edibles, drinks, oils and extracts. However, it is expressly excluded if the THC "originates from the intended use of a medicine prescribed for a specific medical condition". In the case of controls, sensitive saliva tests should be used "as a preliminary screening to prove current consumption", according to the explanatory memorandum to the draft. However, if someone shows signs of impairment, a blood sample is required in any case, even if the saliva test is negative.
Effects of cannabis
It is undisputed that intoxicants affect the ability to drive. However, the effects of cannabis are not the same as those of alcohol. It is therefore not possible to "approach" the THC limit, as the draft states. The expert commission referred to studies on the effects. Safety-relevant effects occur most strongly 20 to 30 minutes after consumption and subside after three to four hours. The THC concentration drops within a few hours in users who smoke pot no more than once a week. With frequent use, THC can accumulate in the body and remain detectable in the blood for days to weeks.
Reactions
CDU politician Florian Müller spoke of a "black day for road safety". The deliberations had shown that the traffic light coalition was concerned with making it easier for cannabis users to drive. The argument that it was a question of justice to put cannabis users and alcohol drinkers on an equal footing was absurd. Green MP Swantje Michaelsen, on the other hand, emphasized: "Even in the future, no one will be allowed to drive while intoxicated." At the same time, there is now a fair regulation for everyone that separates consumption and driving. There is now an end to blanket criminalization via regulations in road traffic.
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