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."
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The new THC limit for drivers in Germany, set by the traffic light coalition and passed by the Bundestag, is similar to the 0.5% limit for alcohol. This value of 1 nanogram per milliliter of blood is considered low by some experts, potentially leading to numerous penalties where a decrease in driving safety cannot be justified.
The fine for violating the THC limit is typically 500 euros and a one-month driving ban, though infractions resulting in higher THC levels may incur higher fines. Novice drivers and those under 21 are subject to stricter penalties, with a cannabis ban and fines as low as 250 euros.
Consuming cannabis and alcohol simultaneously is set to become illegal, with a ban on alcohol at the wheel if someone has reached the THC threshold of 3.5 nanograms or more. Controls will involve sensitive saliva tests, followed by blood tests if impairment is suspected, even if the saliva test is negative.
Beer and other alcoholic drinks are not the only substances affected by this regulation. THC is also found in cannabis-infused food, drinks, oils, and extracts, so all forms of consumption will be considered. However, THC derived from prescribed medication is an exception.
In a black day for road safety, CDU lawmaker Florian Müller argued that the new regulations would make it easier for cannabis users to drive. Green MP Swantje Michaelsen, on the other hand, saw it as a fair regulation that separates consumption and driving, marking an end to indiscriminate criminalization.
The Cannabis Act underwent amendments in the Bundestag as well. Limits have been set for cannabis cultivation in clubs, with permits potentially being denied for larger plantations and close proximities to other associations to prevent large-scale cannabis farming.
With these new regulations in place, Germany is actively moving towards legalization, altering its approach to traffic control for cannabis and THC. Medical professionals, lawmakers, and traffic safety experts alike will closely monitor the effects of these changes on public health and road safety.
In Berlin, as in other German cities, the changing regulations and shifting societal attitudes towards cannabis will continue to shape the city's cultural and social landscape, impacting everything from nightlife and social gatherings to business opportunities and public policy.
Despite the legalization of cannabis in Germany, the debate surrounding the effects of THC on driving abilities, safety, and road traffic continues. Efforts to strike a balance between public safety and individual freedoms will be a crucial component in navigating Germany's future relationship with cannabis and drug consumption.
