Impact of Cannabis on Road Traffic - If you consume THC, you must adhere to these limitations while driving.
Following the legalization of marijuana in Germany, new regulations have been put in place for drivers. The German parliament recently enacted a law by the traffic light coalition that imposes a limit for the cannabis ingredient THC while driving and penalties for its breach, similar to the 0.5% limit for alcohol. Additionally, stricter regulations will be applied to new drivers and those who consume cannabis and alcohol together. Furthermore, restrictions have been put on the joint cultivation of cannabis in clubs, which are set to start from July.
Since April 1st, marijuana consumption has been legal for adults under certain conditions, including the private cultivation of cannabis. However, regulations regarding road traffic have been in discussion for some time. Currently, any presence of THC (tetrahydrocannabinol) can result in legal consequences, with a value of 1 nanogram per milliliter of blood established in case law. Experts at the Traffic Congress have advocated for an increase in the limit in 2022 since it is too low, as many would be penalized without a justifiable reduction in driving safety.
Setting a THC limit for road traffic
In the future, drivers will be subject to a legal limit for cannabis consumption: anyone who intentionally or negligently has 3.5 nanograms of THC or more on the road risks a fine of 500 euros and a one-month driving ban. The threshold follows the recommendations of an expert commission of the Transport Ministry, which states that beyond this point, a safety-relevant effect "cannot be ruled out." This is comparable to a 0.2% alcohol limit and significantly lower than the threshold of 7 nanograms, above which a risk increase begins. A margin for measurement errors is considered.
Mixed consumption of cannabis and alcohol
Consuming cannabis and alcohol together will be illegal in the future. If someone has reached the threshold of 3.5 nanograms or more of THC, there is a ban on alcohol while driving - meaning they may not drink alcoholic beverages or start driving while already under the influence of these beverages. Violations of this rule could result in a fine of around 1,000 euros. For new drivers, including those in the two-year probationary period and those under 21, there will be a ban on cannabis consumption, with the threshold of 3.5 nanograms not applying. Punishments are expected to be around 250 euros.
Applicable provisions and testing methods
The THC limit at the wheel will be applied to all forms of cannabis consumption, ranging from joints to THC-containing food, drinks, oils, and extracts. However, THC from medically prescribed drugs for specific conditions is excluded. In tests, sensitive saliva tests will be used "as a preliminary screening for the detection of current consumption," according to draft justification. If someone displays signs of impairment, however, a blood test is required, regardless of a negative saliva test.
It is widely known that recreational substances can affect driving ability. However, the mechanism of action for cannabis differs from alcohol. Therefore, altering the THC limit is not feasible as suggested in the draft. Experts referenced studies on the effect, stating that safety-relevant effects occur most strongly 20 to 30 minutes after consumption and dissipate after three to four hours. Consumers who smoke cannabis at most once a week will see their THC concentrations decrease within a few hours. With frequent consumption, THC can accumulate and remain detectable in the blood for days or even weeks.
Reactions to the THC limit
The CDU politician Florian Müller referred to this development as a "black day for road safety." The conversations led him to believe that the traffic light coalition wanted to make it easier for cannabis consumers to drive. He criticized the argument that it was a matter of justice to equate cannabis consumers and alcohol drinkers as absurd. Contrariwise, Green MP Swantje Michaelsen stressed, "No one should drive under the influence of cannabis in the future." Now, there is a fair regulation for those who separate consumption and driving. The general criminalization through traffic regulations is now concluded.
Amendments to the Cannabis Act
The Bundestag also passed amendments to the Cannabis Act, promised to the states by the federal government. To prevent large-scale cannabis plantations from developing with the cultivation associations starting from July 1st, permits can be denied if the cultivation areas or greenhouses are part of a "building complex" or close to those of other associations. Additionally, it will be illegal to hire commercial providers offering multiple services to maintain the "non-commercial self-cultivation character." However, states will have the authority to conduct controls at their discretion instead of "annually."
