Qiffen becomes legal for adults on Easter Monday with many requirements. And what does that mean behind the wheel for cannabis? For the time being, the strict line continues to apply that the mere presence of an intoxicating substance can result in fines or points in Flensburg. But now there is a limit to how much THC, the active ingredient in cannabis, should be tolerated. A panel of experts issued a report on Thursday and recommended a legal limit of 3.5 nanograms per milliliter of blood serum. Now it is the Bundestag's turn to implement it. But there are also criticisms.
At the beginning of the release of cannabis, the German Road Safety Council emphasized once again: “From April 1, the following applies: if you smoke weed, do not drive.” The law on the partial legalization of drugs is also accompanied by a. A panel of experts from the federal Department of Transportation has advised on how to set a responsible limit for the active ingredient tetrahydrocannabinol (THC). The result was a recommendation that also placed greater emphasis on the risky “mixed use” of cannabis and alcohol.
Currently, the limit is one nanogram
original situation: Driving a car “under the influence” of intoxicating substances, including cannabis, is currently an offence. And the effect is already there, if the substance is detected at all. A value of one nanogram has been established in court practice. According to the Road Safety Council, a fine of at least 500 euros, two points and a one-month driving ban await you. On the traffic court day of 2022, experts spoke in favor of an “appropriate” increase in the limit value. Because one nanogram is so low that many are punished, in which case the possible reduction in driving safety cannot be justified.
Restriction: A working group of medical, legal and transport experts now recommends a 3.5 nanogram mark, the ministry said. At this value, driving a motor vehicle does not have a significant impact on traffic safety. This is comparable to a blood alcohol level of 0.2 per million and is well below the seven nanogram threshold above which the risk of an accident increases. Due to possible measurement errors, 1 nanogram “safety margin” is included in 3.5 nanograms.
Mixed consumption: Experts recommend tougher rules when smoking weed and drinking and driving come together. Because of this particular threat, an absolute ban on cannabis-intoxicated drinking and driving should be introduced under the current alcohol ban, which applies to drivers on probation after obtaining a license and to those under 21 years of age. Anyone who drives a car while consuming cannabis and drinks alcohol or drives a car under the influence of an alcoholic beverage commits an administrative offence.
Research on impact: Undoubtedly, intoxicants can affect your ability to drive. However, the effect of cannabis is not the same as that of alcohol. Experts also refer to various studies on this topic in the report. The driving simulator showed significant cannabis damage when kept in the lane. Therefore, safety effects are most pronounced 20 to 30 minutes after smoking and subside after three to four hours. In users who smoke weed no more than once a week, the concentration of THC in the blood drops within a few hours. With frequent consumption, THC can accumulate in the body and can be detected in the blood for days or weeks.
Testing: The Commission also recommends the use of saliva tests during inspections. This would give the police a measuring tool that could detect acute consumption and thus a possible security risk. It also ensures proportionality and reduces costs and effort. “If a driver shows signs of impairment, a blood test is required in any case, even if the saliva test is negative.”
Criticism of the Conference of Home Ministers
The suggestion was immediately criticized. In the task force itself, a representative of the Interior Ministers' Conference of Federal and State Police said he rejected a limit higher than one nanogram. 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”.
The Police Union (GdP) welcomed the fact that there should be greater legal certainty around cannabis, at least in this respect. However, a second, smaller value would be needed, which should apply primarily to novice drivers or passenger transport drivers. The police also need modern detection and analysis tools for effective control. “This is missing. The same with the necessary additional training,” said Alexander Poitz, vice president of GdP. In addition, the control pressure should be increased. However, this is a challenge due to staff shortages in traffic supervision.
It remains to be seen how quickly the recommendations become law. Carina Konrad, deputy of the FDP parliamentary group, said that the independent commission made a reasoned proposal that was free from political influence. “This should be implemented to ensure road safety in the future.” FDP specialist-politician Kristine Lütke said that the Bundestag should now quickly initiate the legislative process for a new limit value based on this “balanced proposal”.