- Germany's President Steinmeier authorizes legislation regulating cannabis-impaired driving.
Upcoming Penalties and Fines for Driving Under the Influence of Cannabis Are Imminent. The Federal President, Frank-Walter Steinmeier, signed the law approved by the Bundesrat into effect on Friday, July 3rd, as reported by the presidential office in Berlin. The law is set to be published in the Federal Law Gazette on Monday.
A threshold of 3.5 nanograms of the psychoactive substance THC per milliliter of blood has been established - analogous to the 0.5-permil alcohol limit. More stringent regulations apply to novice drivers and simultaneous consumption of alcohol.
New Penalties
The recently passed regulations in the Bundestag will take effect the day following the publication of the law. Subsequently, driving with intent or recklessness while possessing 3.5 nanograms or more of tetrahydrocannabinol (THC) is likely to result in a fine of 500 euros and a one-month suspension of driving privileges. Consumption of alcohol in conjunction leads to a typical fine of 1000 euros. As with alcohol, there is a cannabis ban during the two-year probationary period for driving and for those under 21 - the threshold of 3.5 nanograms does not apply. Typical violations result in a fine of 250 euros.
Following the legalization of recreational cannabis use and personal cultivation for adults on April 1st with several requirements, traffic regulations are now catching up. Previously, the stringent stance was that even the mere presence of THC could elicit consequences. In court rulings, a value of 1 nanogram has been historically used to establish this. However, Traffic Court Day experts had previously advocated for a "reasonable" increase in 2022, as this value is so low that numerous individuals could be penalized who showed no evidence of impaired driving ability.
The European Union, with its focus on harmonizing traffic laws across its member states, is closely monitoring the new penalties for driving under the influence of cannabis in Germany. Due to these stricter regulations, insurance companies within the EU might need to adjust their policies regarding cannabis-related driving offenses.
