Inquiries and Responses - What entails the recent cannabis driving threshold?
Since the partial legalization of cannabis, there have been new regulations for drivers in place. The psychoactive substance THC will now have a limit of 3.5 nanograms per milliliter of blood while driving, as a law passed by the Bundestag has decided. This is similar to the 0.5-percent limit for alcohol. Stricter rules are also in place for novice drivers and those who have consumed both cannabis and alcohol. These new regulations, along with fines for violations, are expected to be implemented over the summer.
The Ministry of Transport has stated that legal clarity is now being established for all parties involved. "This is a significant contribution to road safety," a spokesperson said. The Bundesrat is expected to deal with the law on July 5, and it will then come into force after being announced. However, there is a possibility that the Land Chamber could slow down the process.
Since cannabis use and private cultivation for adults have been legalized since April 1 with certain conditions, the traffic regulations will now be adjusted. Until now, the strict line has been that even the presence of tetrahydrocannabinol (THC) can lead to legal consequences. A value of 1 nanogram per milliliter of blood has been established in legal practice. However, experts at the Traffic Congress spoke in favor of a "reasonable" increase in 2022, as this is so low that many would be sanctioned, where a reduction in driving safety cannot be justified.
The Limit
A legal limit will now be set for when tolerance for cannabis ends. If someone is driving with 3.5 nanograms of THC or more intentionally or negligently, they will usually face a fine of 500 euros and a one-month driving ban. The threshold follows the recommendations of an expert commission of the Ministry of Transport, which states that a safety-relevant effect "cannot be ruled out" from then on. This is comparable to 0.2 percent alcohol and clearly below the threshold of 7 nanograms, above which a risk increase begins. A margin for measurement errors is also taken into account.
Mixed Consumption
It will become an offense in the future if cannabis is consumed together with alcohol. If someone has reached the threshold of 3.5 nanograms of THC or more, there is a ban on alcohol at the wheel - that is, if someone then also drinks an alcoholic beverage or starts driving while still under the influence of alcoholic beverages. In the case of violations, a higher fine of around 1,000 euros is threatened. For novice drivers, it will be like with alcohol: During the two-year probationary period and for those under 21, there is a ban on cannabis - the limit of 3.5 nanograms does not apply. Sanction: around 250 euros.
Further Regulations and Tests
At THC at the wheel, it's about cannabis consumption of all kinds, as explained in the draft - joints, but also THC-containing food, drinks, oils, and extracts. However, THC consumption that "arises from the prescription of a medicine for a specific illness" is explicitly excluded. In controls, sensitive saliva tests should be used "as a screening test for the detection of current consumption," according to the draft's justification. If someone shows signs of impairment, however, a blood test is required even with a negative saliva test.
Cannabis Effects
There is no doubt that drugs affect driving ability. However, the mechanism of action of cannabis is not the same as that of alcohol. As stated in the draft, it is not possible to "approach" the THC limit, as it is with alcohol. Experts pointed to studies on the effects. Accordingly, safety-relevant effects occur most strongly 20 to 30 minutes after consumption and disappear after three to four hours. For consumers who smoke cannabis at most once a week, THC concentration drops within a few hours. With frequent consumption, THC can accumulate in the body and remain detectable in the blood for days or weeks.
Reactions
CDU politician Florian Müller called it a "black day for road safety." The discussions had shown that it was about making it easier for cannabis consumers to drive. The argument that it was a matter of justice to equate cannabis consumers and alcohol drinkers was absurd, he said. On the other hand, Green MP Swantje Michaelsen emphasized, "No one should drive under the influence of cannabis in the future." At the same time, there is now a fair regulation for everyone who separates consumption and driving. The end of blanket criminalization through traffic regulations has come, said Green health expert Janosch Dahmen.
Decisions were reached concerning changes to the legalization law that the federal government had pledged to the states. To prevent big plantations from forming due to the permitted cannabis cultivation associations, issuing permits can be refused if the cultivation sites are in a "building complex" or right next to those of other groups. It's prohibited to hire commercial providers with several services. States are able to handle controls more flexibly with the modification: Instead of "annually," it now says "regularly." Additionally, an initial assessment of the consequences, particularly for child and youth protection, must be widened to the newly legal possession limits. This will make the law's protective nature stronger, stated Dahmen.
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