Traffic lights agree on new cannabis limit
Introduction
Following the approval of cannabis for personal use, the German government has now made another significant change to the Road Traffic Act. The coalition of SPD, Greens and FDP has agreed on a new limit value for tetrahydrocannabinol (THC) in the blood and a strict ban on alcohol for cannabis users. These changes are part of the "Sixth Act amending the Road Traffic Act and other road traffic regulations", which was recently discussed in the Bundestag.
The new THC limit
The previous limit of 1.0 ng/ml THC in blood serum will be raised to 3.5 ng/ml. This adjustment is based on the recommendations of an independent group of experts from the Federal Ministry for Digital and Transport Affairs (BMDV), which determined the value based on scientific findings. The experts compare the new limit with a blood alcohol concentration of 0.2 per mille, which represents a moderate intoxicating effect.
Legal implications for road users
With the increase in the limit value, Section 24a of the Road Traffic Act (StVG) has been expanded to include a new paragraph 1a. According to this regulation, it is an offense to drive a vehicle with 3.5 ng/ml or more THC in the blood serum. Violations of this regulation can be punished with a fine of up to 3,000 euros. There is an exception for medical cannabis patients, provided that the THC originates from the intended use of a prescribed medication.
Alcohol ban for cannabis users
A new aspect of the regulation is the strict ban on alcohol consumption for cannabis users in road traffic. § Section 24a of the German Road Traffic Act (StVG) has been expanded to include paragraph 2a, which introduces a ban on alcohol when driving a motor vehicle under the influence of cannabis. Violations of this regulation can now be punished with a fine of up to 5,000 euros.
Special regulations for novice drivers
The stricter limit of 1.0 ng/ml THC remains in place for novice drivers and young drivers under the age of 21. This regulation is intended to take into account the increased risk of young, inexperienced drivers and continue to ensure road safety.
Use of saliva tests
For the practical implementation of the new regulations, the use of saliva tests is recommended, which make it possible to detect current cannabis consumption quickly and efficiently. These tests are to be used primarily during traffic checks and help to differentiate between recent consumption and older consumption records.
Conclusions
The ability to drive under the influence of drugs remains a serious matter that is strictly monitored by the authorities in order to ensure the safety of all road users. However, the first loosening of the THC limit in road traffic is becoming apparent, and the Dortmund District Court has already ruled in favor of acquittal at a THC limit of 3.1 ng/ml. Contact us for a competent defense.
