After the partial legalization of cannabis, there is still a lack of clear regulations for road traffic. A paper from the Federal Ministry of Transport now provides clear rules. For some these are too strict.
How should cannabis consumption in traffic be regulated? The traffic light factions have received a so-called formulation aid from the Federal Ministry of Transport ARD capital studio is available – and there is now criticism from the ranks of the Greens.
The impetus for the criticism: There is a limit value for the cannabis active ingredient THC – in accordance with the recommendation of an expert commission. At the end of March, they recommended a limit of 3.5 ng/ml blood serum. Even stricter rules are planned for novice drivers. Specifically, the wording aid states: “Anyone who intentionally or negligently ingests the substance tetrahydrocannabinol during the probationary period according to §2a or before reaching the age of 21 as the driver of a motor vehicle on the road (…) or (…) sets off on the journey is acting in an unlawful manner, although he is under the effect (…) of the substance tetrahydrocannabinol.”
Because the active ingredient in cannabis can be detected in the blood for much longer, this would amount to a complete ban on cannabis consumption for all novice drivers and people under 21 who want to drive at least occasionally.
Clear criticism from the Greens
The Greens are now massively criticizing the plans. They talk about a “ban through the back door”. MP Swantje Michaelsen said this ARD capital studio: “The limit value of 3.5 ng/ml THC in blood serum suggested by the expert commission is a very strict value. With regard to the probability of failure symptoms, it corresponds to around 0.2 per mille for alcohol and thus to the regulation that applies to alcohol according to case law applies to novice drivers. For this reason, there is no need for special regulations for novice drivers.
The German Hemp Association sees it similarly. However, managing director Georg Wurth still sees a need for more details. Dem ARD capital studio Wurth said it initially remains unclear what distances new drivers would have to keep between consumption and driving if the law came into force. The formulation aid does not further define when it can be assumed “whether those affected are under the effects of THC”. In case of doubt, courts would ultimately have to deal with this.
Ministry of Transport: A conservative approach
The ADAC, on the other hand, welcomes the draft from the Federal Ministry of Transport. Company spokesman Andreas Hölzel said this ARD capital studio, it is crucial for road safety that there is sufficient time between consumption and the journey. A lower limit would therefore “severely restrict the consumption of cannabis.” For the ADAC, however, the general rule is that “if you drive, you don’t smoke weed”.
The Federal Ministry of Transport itself speaks of a conservative approach that the experts in the working group chose. This will now be dealt with in the Bundestag in the parliamentary procedure. Parliamentary State Secretary Oliver Luksic told the ARD capital studio: “Until this and the subsequent adjustment to the Road Traffic Act are completed, the existing case law will continue to apply.”