Road traffic - Minister of the Interior: Cannabis limit at the wheel a serious mistake
Brandenburgs Interior Minister Michael Stübgen (CDU) criticized the introduction of a substance limit for Cannabis at the wheel and called it a serious error. He fears an increased accident risk in road traffic.
After the partial legalization of Cannabis, the Bundesrat passed a law, which, at the federal level, sets a limit of 3.5 nanograms per milliliter of blood for the intoxicating substance THC - similar to the 0.5-promille limit for alcohol. Penalties and driving bans threaten with exceedances. The new regulations for drivers are expected to come into force presumably still in the summer.
Stübgen: Police lack reliable tests during traffic controls
According to a statement, Stübgen said: "The change in the Road Traffic Regulations is a serious error." Currently, there is no reliable test on the market that indicates the reaching of the new THC limit or exceeding it. "Such a test would be necessary to ensure the best possible legal and procedural security for the acting police officers during a traffic control."
Furthermore, the individual mobility needs of Cannabis consumers are being put "above the common good of traffic participants." In particular, occasional consumers could heavily underestimate the effects of Cannabis. "This leads to the fact that the risk for all traffic participants increases to be involved in serious or fatal accidents."
Experts at the Transport Court for the Raising of the THC Limit
So far, the strict line is that consequences follow from the detection of Tetrahydrocannabinol (THC). For this reason, a value of 1 nanogram has been established in case law. At the Transport Court, experts spoke in favor of an "appropriate" increase in 2022. Because this is so low that many would be sanctioned, for whom a reduction in driving ability could not be justified.
That threatens with a fine
In the future, according to the law: Anyone who intentionally or negligently has 3.5 nanograms or more of THC with them is, in principle, at risk of a 500 Euro fine and a driving ban of one month. If alcohol is also consumed, fines of 1000 Euro are usually threatened. For novice drivers, it is like with alcohol: In the two-year probationary period and for those under 21 years of age, a Cannabis ban applies - the limit of 3.5 nanograms therefore does not apply. For infringements, fines of 250 Euro are usually threatened.
- Minister Stübgen from Brandenburg's CDU party strongly opposes the implementation of a THC limit in road traffic, arguing it could increase the risk of accidents.
- The Bundestag, following the partial legalization of Cannabis, passed a federal law setting a THC limit of 3.5 nanograms per milliliter of blood, similar to the 0.5-promille limit for alcohol.
- Stübgen highlights a lack of reliable tests for THC in traffic controls, stating that such a test is crucial for ensuring procedural security for police officers.
- Critics argue that the focus on individual mobility needs of Cannabis consumers may lead to underestimation of its effects, thereby increasing the risk of accidents for all traffic participants.
- Experts at the Transport Court advocated for a reasonable increase in the THC limit in 2022, as the current value might lead to excessive penalties for individuals with minor driving impairment.
- With the new regulations, anyone with 3.5 nanograms or more of THC could potentially face a 500 Euro fine and a one-month driving ban, with harsher penalties if alcohol is also consumed, particularly for novice drivers in the probationary period.
