From April onwards, some cannabis may be consumed legally. But anyone who smokes weed and then drives a car still risks losing their driving license. How much cannabis is allowed while driving? Experts have suggested a limit.
The partial legalization of cannabis has finally been decided. The law passed by the Bundestag and Bundesrat comes into force on April 1st.
In the past few days, the Union had asked Federal President Frank-Walter Steinmeier not to sign the law. But the Federal President’s Office raised no objections to the law. As planned by the federal government, it will be valid from Easter Monday.
Expert Commission sets new limit
A central question that remained unanswered until the end was: How much cannabis consumption is allowed on the roads? Which limit will apply in the future?
Federal Transport Minister Volker Wissing from the FDP commissioned a commission of experts to address these questions. The ministry said that a limit value should be determined on a scientific basis. Experts and associations such as the ADAC automobile club welcomed the approach.
“It is clear that there should be no experimentation with road safety,” said an ADAC spokesman. Consuming the drug can change perception and negatively affect the ability to react. In particular, people who want to try cannabis as a result of partial legalization may not be aware of its mind-altering effects and the dangers.
Change still needs to be decided
The expert commission with experts from the fields of medicine, law, traffic and the police has now come to a conclusion. She suggests a limit of 3.5 nanograms of tetrahydrocannabinol (THC) per milliliter of blood serum. THC is the active ingredient in the cannabis plant that is primarily responsible for the intoxicating effect.
The recommendation to the Ministry of Transport states: “According to the current state of science, if this THC limit value is reached, it is not unlikely that there will be an effect on traffic safety when driving a motor vehicle.” This means that an effect can possibly be assumed from this value onwards.
The Federal Ministry of Transport adds: “According to the experts, the proposed limit of 3.5 nanograms of THC in the blood serum is a conservative approach whose risk is comparable to a blood alcohol concentration of 0.2 per mille.”
But this limit still has to be decided by the legislature. This will no longer be possible before April 1st.
The current legal situation continues to apply for the time being
According to the current legal situation, anyone who drives a motor vehicle “under the influence” of certain intoxicating substances is committing an administrative offense. Cannabis is one of these substances. And there is an effect if the drug can be detected in the blood.
This means: The previous absolute ban on driving under the influence of cannabis continues to apply for the time being. A specific limit like the one now proposed by the expert commission or like 0.5 per mille for alcohol is not yet in the law.
Sanctions: fine, driving ban, points
However, a value has been established in case law, namely 1.0 nanograms of THC in the blood. From this value in the blood of the person tested, there is a risk of sanctions: a fine of up to 3,000 euros, a driving ban of up to three months, two points in Flensburg. Cannabis is excluded as a medicine that has been prescribed by a doctor.
The 1.0 nanogram value has been discussed for a long time, regardless of the partial legalization of cannabis. It is so low that it only proves the consumption of cannabis, explains the ADAC. This value does not allow a compelling conclusion to be drawn about the impact on traffic safety. At the 2022 traffic court day, experts spoke out in favor of increasing this value “appropriately”.
Cannabis is more difficult to measure compared to alcohol: the THC content can be detected in the blood for a relatively long time, even if the intoxicating effect has long since worn off, doctors explain.
More traffic accidents because of cannabis?
With regard to smoking weed in conjunction with alcohol, the expert commission set up by the Ministry of Transport is much stricter than the limit value. She recommends completely banning cannabis users from drinking and driving. Mixed consumption poses a particular risk in road traffic.
Critics of partial legalization expect more traffic accidents due to cannabis while driving in the future. For the ADAC, this depends more on how well and intensively the population is informed about the increased risk of accidents. It must also be made clear that driving under drugs remains a punishable offence.
Barbara Kostolnik, ARD Berlin, tagesschau, March 28, 2024 1:58 p.m