As of: March 5, 2024, 9:00 a.m
By: Sebastian Oppenheimer
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Cannabis will soon be decriminalized in Germany.
The course has been set for controlled release.
What does this mean for drivers?
It has long been clear that drinking and driving poses an extreme danger to road users.
That's why the blood alcohol limit has been lowered further and further in recent decades: since 2001 it has been 0.5 per mille, but trouble sometimes threatens with less alcohol in the blood.
Starting this summer, an interface for so-called alcohol interlocks will be required in new cars - a supplier recently showed what an alcohol detector in a car could look like.
With the legalization of cannabis just around the corner, the question now arises: Can you actually drive a car while stoned?
Cannabis legalization in Germany: What will apply from April 2024
From April 1, 2024, cannabis and the active ingredient tetrahydrocannabinol (THC) will no longer be legally considered narcotics in Germany.
Specifically, this means, among other things: Adults are allowed to privately grow up to three cannabis plants for their own consumption as well as communal, non-commercial self-cultivation for their own consumption in cultivation associations.
Possession of up to 25 grams of cannabis will in future be exempt from punishment.
One thing is clear: Similar to alcohol, the consumption of cannabis impairs the ability to drive.
According to the federal government, the limit values for THC in the blood are currently being reviewed by the Ministry of Transport.
“An interdisciplinary working group consisting of experts in the fields of medicine, law and transport” is expected to propose a corresponding limit value by the end of March 2024 under the leadership of the ministry.
What THC limits currently apply to drivers?
However, until the Road Traffic Act is changed accordingly, the current requirements apply.
There is currently a ban on driving after consuming cannabis, which is set out in Section 24a of the Road Traffic Act (StVG).
However, no exact limit values are specified there: the limit regularly used in case law is currently usually 1.0 nanograms of THC per milliliter of blood serum.
Cannabis will be decriminalized in Germany from April 2024.
What does this mean for drivers?
(Symbolic image) © Pond5 Images/Imago
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Caught with THC in the blood: What penalties drivers are currently facing
As soon as the active ingredient THC is detected, it is an administrative offense and drivers are threatened with the following, regardless of the symptoms of failure:
A
first-time violation
will result in a fine of 500 euros, plus two points in Flensburg and a one-month driving ban.
In the event of
a repeat offense,
the fine is 1,000 euros, plus two points in Flensburg and a three-month driving ban.
From the
third offense
onwards , the fine increases to 1,500 euros, and there are also two points in Flensburg and a three-month driving ban.
If a driver is caught exceeding the limit, a medical-psychological examination (MPU) is usually ordered.
The
ADAC
welcomes the Federal Government's plans to now determine limit values for THC on a scientific basis.
According to experts, the limit value has so far been so low that it only detects the consumption of cannabis.
However, the current limit does not allow any compelling conclusions to be drawn about a relevant impact on traffic safety.