Will smoking weed at the wheel become legal in the future? The current rules for cannabis use on the road are strict. But legalization could also bring about changes here.
Munich/Berlin – Anyone who has drunk a beer is usually still allowed to drive a car – thanks to the 0.5 alcohol limit. Road users who smoke weed and are caught with the cannabis active ingredient THC in their blood risk hefty fines, even if the concentration is low. This is the current legal situation. In the course of the cannabis legalization planned by the traffic light coalition, adjustments are being considered here. However, associations and experts warn of possible risks in road traffic.
Cannabis legalization: Future driving rules not yet clarified
The question of when a person who has consumed cannabis is still fit to drive and when he is not, is of elementary importance for road safety, said the deputy chairman of the police union, Michael Mertens, the Westdeutsche Allgemeine Zeitung. "Cannabis has been detectable in the blood for much longer than alcohol, so your ability to drive may be limited for days." After the presentation of the legalization plans of the traffic light, the TÜV Association demanded: "No experiments in road safety! Legalising the use of cannabis as a stimulant must not legitimise intoxication."
According to the current status, the key issues paper of the traffic light government still states: "The limit values in road, ship and air traffic will be reviewed with the involvement of the relevant expert committees. Regulations on the permissibility of driving under the influence of cannabis are based exclusively on the requirements of road safety." Clear regulations are therefore still a long time coming.
Cannabis at the wheel: This is the current legal situation
But what is the current legal situation? In principle, motorists who sit behind the wheel "under the effect" of the cannabis active ingredient THC commit an administrative offence under the currently valid Road Traffic Act - with the exception of patients who have been prescribed cannabis as a medicine. According to the law, there is an effect when THC is detected in the blood.
According to the ADAC and the TÜV Association, there is now an established limit of 1 nanogram of THC per 100 milliliters of blood. The catalogue of fines and the driving licence ordinance provide for 500 euros, two points in Flensburg and a one-month driving ban. As a rule, according to the associations, a medical-psychological examination (MPU) is also ordered.
With the legalization of cannabis, the regulations for road traffic are also being discussed anew. © Fabian Sommer/dpa
Raising the THC limit? Experts in softening the rules
However, it is controversial whether those affected are really still under the influence of cannabis at such a THC concentration in the blood, so that a drug drive can be assumed. Experts had spoken out at the traffic court day in Goslar last year in favor of increasing the limit and argued that it was not suitable because it made no statement about unfitness to drive and also punished people who were already fit to drive again after cannabis consumption. As with alcohol, the value must be set in such a way that only intoxicated drivers are sanctioned, according to the German Bar Association.
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ADAC Transport President Gerhard Hillebrand told the German Press Agency: "The question of which specific limit is appropriate is complex, as it cannot be determined scientifically with certainty." The aim must be to prevent unjustified punishments and still prohibit and, if necessary, sanction driving under the effects of cannabis. "Road safety must not suffer under any circumstances as a result of the release." (ph/dpa)
