Current developments in road traffic law: The judgment of the Dortmund District Court on the THC limit value issue
In a ruling dated April 11, 2024 (case no. 729 OWi-251 Js 287/24 -27/24), Dortmund District Court decided to acquit a driver who was caught with a THC concentration of 3.1 ng/ml in his blood. This ruling is of particular interest against the background of the debate on the adjustment of THC limits in road traffic, especially after the legalization of cannabis.
Legal background
According to Section 24a (2) and (3) StVG, driving a vehicle under the influence of intoxicating substances is considered an offense if the THC concentration in the blood serum exceeds 1.0 nanogram per milliliter. An interdisciplinary working group has recommended increasing this limit to 3.5 ng/ml, a change that has not yet been incorporated into the Road Traffic Act.
The judgment of the AG Dortmund
In this case, the defendant was acquitted despite a THC concentration that exceeded the current legal limit. In its reasoning, the court referred to Section 44 of the Consumer Cannabis Act (KCanG), which provides for a new regulation of the THC limit in road traffic. The court considered the expert opinion of the Cannabis Working Group to be an "anticipated expert opinion" and assumed that the legislator intended to adopt the recommended limit value of 3.5 ng/ml.
The court argued that the application of the recommended, but not yet legally anchored limit value is already justified at this point in time. This is based on the assumption that the anticipated expert opinion is a suitable and relevant basis for assessment, even before it is formally integrated into the StVG.
Effects on similar cases
The decision of the Dortmund District Court could be used as a reference in similar cases in which the THC concentration is between the current and the proposed limit. It could therefore influence a large number of proceedings in which cannabis users with similar concentrations are affected.
Have you been caught driving with THC? Contact us for a consultation, a large number of cases currently have to be discontinued.
