Wellness and Medical Updates: Stay Informed on Latest Trends, News, and Information. - Parliament passes legislation setting cannabis driving limit
Following the partial legalization of cannabis, new rules have been introduced for drivers. The German parliament just passed a law by the traffic light coalition that sets a limit for the THC substance while driving and penalties for infringements - similar to the 0.5% limit for alcohol.
Stricter regulations apply to inexperienced drivers and mixed consumption of cannabis and alcohol. Stricter limits have also been set for the collective cultivation of cannabis in clubs, which may start from July.
Since April 1st, marijuana smoking is legal for adults - with numerous conditions, including the possibility of personal cannabis cultivation. Now, road traffic regulations are being added, which have been discussed by experts for some time. Until now, the zero-tolerance approach was that even the presence of tetrahydrocannabinol (THC) could result in consequences.
A value of 1 nanogram per milliliter of blood has been set legally. Experts at the Traffic Court Conference support an "adequate" increase in 2022. This value is so low that many would be penalized, where a decrease in driving safety could not be justified.
The Limit
In the future, a legal limit will be established for when cannabis tolerance ends: Anyone who intentionally or negligently has 3.5 nanograms of THC or more on the road will usually receive a fine of 500 euros and a one-month driving ban. The threshold follows the recommendations of a transport ministry expert commission, which states that a safety-relevant effect is "not unreasonable" from then on.
This limit is similar to 0.2% alcohol and well below the threshold of 7 nanograms, where a risk increase begins. A margin for measurement errors is also taken into account.
Mixed Consumption
It will become illegal in the future to consume cannabis while also drinking alcohol. If someone has reached the THC threshold of 3.5 nanograms or more, there is a ban on alcohol at the wheel - that is, taking an alcoholic drink or starting a journey while still under the influence of alcoholic drinks.
For infractions, a higher fine of about 1,000 euros is threatened. For novice drivers, it will be like for alcohol: In the two-year probationary period and for those under 21, there will be a cannabis ban - the threshold of 3.5 does not apply. Penalty: about 250 euros.
Additional requirements and tests
Regarding THC in driving, it's about cannabis consumption in all its forms, as explained in the draft - including joints, but also THC-containing food, drinks, oils, and extracts. However, it is specifically excluded if the THC "comes from the appropriate consumption of a prescribed medication for a specific medical condition."
In controls, sensitive saliva tests should be used "as a preliminary screening for the detection of current consumption." If someone shows signs of impairment, however, a blood test is always necessary, even if the saliva test is negative.
It is undeniable that recreational substances affect driving ability. However, the mechanism of action for cannabis is not the same as that of alcohol. Therefore, "messing" with the THC limit, as mentioned in the draft, is not possible. Experts pointed to studies on the effects.
Safety-relevant effects occur most intensely 20 to 30 minutes after consumption and disappear after three to four hours. For consumers who smoke cannabis at most once a week, the THC concentration decreases within a few hours. With frequent use, THC can accumulate in the body and remain detectable in the blood for days or even weeks.
Reactions
CDU lawmaker Florian Müller declared it a "black day for road safety." The discussions had shown that it was about making it easier for cannabis users to drive for the traffic light coalition. The argument that it was just about equating cannabis users and alcohol drinkers was absurd.
Green MP Swantje Michaelsen, on the other hand, highlighted: "No one should drive under the influence of cannabis in the future." At the same time, there is now a fair regulation for individuals who separate consumption and driving. With regulations on the road, the era of indiscriminate criminalization is over.
Cannabis cultivation associations
The Bundestag also made decisions on amendments to the Cannabis Act, which the federal government has promised to the states. To prevent large plantations from emerging with the cannabis cultivation associations from July 1, permits can be denied if the cultivation areas or greenhouses are in a "building complex" or in close proximity to those of other associations.
It is also forbidden to hire a commercial provider with multiple services to ensure the "non-commercial character of the private cultivation." Controls can be handled more flexibly at the request of the states: instead of "annually," it now says "regularly."
