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Smoking weed while driving: A commission is now proposing a limit. © Karl-Josef Hildenbrand/dpa
Actually, most people realize that drugs make road traffic less safe. But after a beer you can often still drive. Something like a per mille limit should now also be introduced for cannabis.
Berlin - Smoking weed will be legal for adults on Easter Monday with many requirements. And what does that mean for cannabis behind the wheel? For the time being, the strict line continues to apply that mere proof of the intoxicating substance can result in fines or points in Flensburg.
But now - as with the 0.5 per mille mark for alcohol - a limit is coming into view as to how much of the cannabis active ingredient THC should still be tolerable. A commission of experts presented a report on Friday and recommended a legal limit of 3.5 nanograms per milliliter of blood serum. It is now the Bundestag’s turn to implement it. But there is also criticism.
Attention to “mixed consumption” of cannabis and alcohol
At the start of the cannabis release, the German Road Safety Council emphasized once again: "From April 1st, the following applies: If you smoke weed, you don't drive." Accompanying the law for the partial legalization of the drug, a commission of experts from the Federal Ministry of Transport advised how a responsible limit could be set for the active ingredient tetrahydrocannabinol (THC). The result was a recommendation that also placed greater emphasis on risky “mixed consumption” of cannabis and alcohol.
the initial situation
It is currently an offense to drive a car “under the influence” of intoxicating substances, which include cannabis. And the effect is already there if the substance is detected at all. A value of 1 nanogram has been established in case law. According to the Road Safety Council, you then face a fine of at least 500 euros, two points and a one-month driving ban. At the traffic court day in 2022, experts spoke out in favor of an “appropriate” increase in a limit value. Because the 1 nanogram is so low that many are sanctioned for which a possible reduction in driving safety cannot be justified.
The limit
The working group with experts from medicine, law and transport now recommends a mark of 3.5 nanograms, as the ministry announced. At this value, “a traffic safety-relevant effect when driving a motor vehicle is not remote”. This is comparable to a blood alcohol concentration of 0.2 per mille and is well below the threshold of 7 nanograms above which the risk of an accident increases. A “safety margin” of 1 nanogram is included in the 3.5 nanograms due to possible measurement errors.
Mixed consumption
The experts recommend stricter regulations when smoking weed and drinking and driving come together. Because of this particular risk, there should be an absolute ban on drinking and driving when consuming cannabis - in line with the existing alcohol ban for drivers in the probationary period after obtaining a driving license and for those under 21. Anyone who drives as a cannabis user and drinks alcohol or drives while under the influence of alcoholic beverages is committing an administrative offense.
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Studies on the effect
It is undisputed that intoxicants can have consequences for your ability to drive. However, the effect of cannabis is not the same as that of alcohol. The experts also cite various studies on this in the report. The driving simulator showed significant cannabis impairments when keeping in lane. Safety-relevant effects therefore appear most strongly 20 to 30 minutes after smoking and subside after three to four hours. For users who smoke weed no more than once a week, the THC concentration in the blood drops in a few hours. If consumed frequently, THC can accumulate in the body and can be detectable in the blood for days to weeks.
Testing
The Commission also suggests using saliva tests during checks. This would give the police a measuring instrument with which they could identify acute consumption and thus a possible security risk. This also serves proportionality and reduces costs and effort. “If a driver shows signs of failure, a blood sample is required in any case, even if the saliva test is negative.”
The recommendation immediately met with criticism. In the working group itself, a representative of the Conference of Interior Ministers for the federal and state police said that he rejected a limit value higher than 1 nanogram. The CDU transport politician Florian Müller complained that the recommended tripling of the limit was proof that “the federal government values cannabis legalization more than road safety”.
Is there a need for a second value for new drivers?
The police union (GdP) welcomed the fact that there should be more legal certainty when it comes to cannabis, at least on this point. However, a second, lower value would be necessary, which should apply in particular to novice drivers or drivers of passenger transport. The police also need modern detection and analysis tools for effective controls. “That’s what’s lacking. Likewise with the necessary further training,” said GdP Vice President Alexander Poitz. In addition, the control pressure would have to be increased. However, this is a challenge due to the staffing gaps in traffic monitoring.
It remains to be seen how quickly the recommendations will become law. FDP parliamentary group deputy Carina Konrad said the independent commission had made a well-founded proposal free of political influence. “We should implement this in order to continue to ensure safety in road traffic.” The FDP specialist politician Kristine Lütke said that the Bundestag should now quickly initiate a legislative process for the new limit value on the basis of this “balanced proposal”. dpa