The traffic light plans to raise the THC limit to 3.5 nanograms

Cannabis and fitness to drive: a new THC limit for road traffic

Background: The debate about the THC limit value

Current situation and criticism of the existing limit value

The current THC limit of 1.0 nanogram per milliliter of blood serum has been under discussion for some time. It has been criticized above all for the fact that, although it proves cannabis consumption, it does not necessarily indicate impairment relevant to road safety.

An administrative offense pursuant to Section 24a (2) StVG is currently already established at a concentration of 1.0 ng/ml tetrahydrocannabinol (THC) in the blood serum. In contrast to alcohol-related driving impairments, for which fixed limits exist, criminal liability under Section 315c (1) no. 1 StGB can be considered even at lower THC concentrations.

The upcoming changes due to the Cannabis Act (CanG)

The CanG, which comes into force on April 1, leads to a reassessment of the THC limit. An interdisciplinary working group, set up by the Federal Ministry for Digital and Transport Affairs (BMDV), has been working on defining a new limit value that should better reflect the effects of cannabis on road safety.

Recommendation of the expert group

The proposal: increase to 3.5 nanograms

The working group set up by the BMDV recommends raising the limit to 3.5 nanograms of THC per milliliter of blood serum. This recommendation is based on the current state of scientific knowledge and is intended to better reflect an effect relevant to road safety when driving a motor vehicle.

"Conservative approach" and comparison with alcohol

The working group describes its proposal as a conservative approach, comparable to a blood alcohol concentration of 0.2 per mille. This analogy is particularly relevant as THC can still be detected in the blood days after ingestion, especially with regular use.

Reactions to the proposal

Supporters and critics

The increase in the limit value is welcomed by some experts, including traffic law expert Andreas Krämer. On the other hand, critics, particularly from the DGVM, argue that raising the limit too high poses risks to road safety.

Additional measures

In addition to the recommendation of the new limit value, the working group proposes an absolute alcohol ban for novice drivers who have consumed cannabis. The introduction of sensitive saliva tests as a preliminary screening to detect current consumption is also being discussed.

Outlook

The upcoming legislative changes

Legislators are showing a willingness to amend the Road Traffic Act (StVG) accordingly. It is to be expected that the new regulations will enable a more differentiated view of cannabis use in road traffic and promote responsible use of the substance in the context of road safety. An administrative offense pursuant to Section 24a (2) StVG is currently established at a concentration of 1.0 ng/ml tetrahydrocannabinol (THC) in the blood serum. In contrast to alcohol-related driving impairments, for which fixed limits exist, criminal liability under Section 315c (1) no. 1 StGB can be considered even at lower THC concentrations

An amendment to the law by the Bundestag is required for the introduction of the recommended limit value, so the new THC limit value will not already apply from 01.04.2024 at the start of partial cannabis legalization.