The partial legalization of cannabis came into force on Easter Monday – but the police still see a need for clarification. There are problems with traffic controls because, for example, officers lack the necessary equipment.
After the partial legalization of cannabis that came into force on Monday, the new federal police commissioner, Uli Grötsch (SPD), still sees a significant need for clarification. The interior ministers of the federal states are obliged to quickly create clarity regarding cannabis controls in road traffic.
“While a breath alcohol test can be carried out by the police easily and in a way that protects fundamental rights, things have so far been much more complicated when it comes to cannabis consumption,” Grötsch told the Rheinische Post. Above all, there is a need for clarification among civil servants regarding the controllability of cannabis consumption in road traffic. “Here, the interior ministries of the federal states are required to find adequate solutions as quickly as possible that will give police and road users safety,” emphasized Grötsch.
Lack of equipment for controls
The police union (GdP), however, complained about a lack of legal certainty and a lack of equipment to carry out cannabis checks. “It is clear that the Federal Council’s waving through of the law has extremely shortened the preparation time. The result is now a lack of certainty in action on all sides,” said GdP vice-chairman Alexander Poitz to the newspaper. This is “a very unpleasant situation” for our colleagues.
A basic requirement for good police work is legal certainty, but the necessary controls are not based on solid legal ground, criticized Poitz. With regard to the specific control practice, he noted that there was still a lack of “precision scales to control the amount carried and modern analysis instruments to determine the THC content”.
Cannabis limit in traffic
The law on the partial legalization of cannabis has been in force since April 1st. Ownership and controlled cultivation for private use will be permitted in the future, but with numerous restrictions. Possession of 25 grams of dried cannabis in public spaces remains unpunished. Cultivation and distribution should initially be made possible via cultivation associations. When growing at home, up to 50 grams and three plants are allowed.
Driving a motor vehicle under the influence of drugs is generally prohibited on the road. An independent group of experts from the Federal Ministry of Transport has advocated a limit of 3.5 nanograms per milliliter of blood serum for the cannabis active ingredient THC. This value is comparable in terms of risk to a blood alcohol concentration of 0.2 per mille.