Questions and answers: What does the new cannabis limit mean when driving?

Following the partial legalization of cannabis, new regulations are also being introduced for drivers. In future, a limit of 3.5 nanograms per milliliter of blood will apply to the intoxicating substance THC while driving, as stipulated in a law passed by the Bundestag on Thursday evening – similar to the 0.5 per mille limit for alcohol. Stricter rules apply to novice drivers and risky mixed consumption of cannabis and alcohol. The new limit, including fines for violations, is expected to come into force in the summer. Parliament also decided on tighter limits for joint cannabis cultivation in clubs.

The Ministry of Transport explained that legal clarity would now be created for all those involved. “This is a significant contribution to road safety,” said a spokesman. The Federal Council is expected to consider the law on July 5, and it will come into force after it is announced. It does not require approval, but the state chamber could in principle still slow down the process.

Now that smoking weed and private cannabis cultivation have been legal for adults since April 1st with many requirements, accompanying traffic regulations are now being introduced, which experts have been discussing for some time. Until now, the strict line has been that consequences can be threatened even if tetrahydrocannabinol (THC) is detected. A value of 1 nanogram per milliliter of blood has been established in case law for this. At the traffic court day, however, experts spoke out in favor of an “appropriate” increase as early as 2022. This is because this is so low that many people would be sanctioned for whom there is no justification for a reduction in driving safety.

The limit

In future, a legal limit will determine when tolerance for cannabis ends: Anyone who intentionally or negligently drives with 3.5 nanograms of THC or more will then generally risk a 500 euro fine and a one-month driving ban. The threshold follows recommendations from an expert commission of the Ministry of Transport, according to which a safety-relevant effect is “not unlikely” from that point onwards. It is comparable to 0.2 per mille alcohol and is well below the threshold of 7 nanograms, at which an increased risk begins. A surcharge for measurement errors is also included.

Mixed consumption

In future, it will be a new offence to drink alcohol while smoking weed. If you have reached the threshold of 3.5 nanograms of THC or more, drinking alcohol while driving is prohibited – that is, if you then drink an alcoholic drink or start driving while under the influence of alcohol. Violations will result in a higher fine, usually 1,000 euros. For new drivers, the same applies as for alcohol: during the two-year probationary period and for those under 21, cannabis is prohibited – so the limit of 3.5 does not apply. Sanction: usually 250 euros.

Further specifications and tests

THC while driving concerns cannabis consumption of all kinds, as explained in the draft – i.e. joints, but also edibles, drinks, oils and extracts containing THC. However, it is expressly excluded if the THC “comes from the intended use of a drug prescribed for a specific illness”. During checks, sensitive saliva tests should be used “as a preliminary screening to prove current consumption”, the justification for the draft states. If someone shows signs of impairment, a blood sample is required in any case, even if the saliva test is negative.

Cannabis effects

It is undisputed that drugs affect the ability to drive. However, the way cannabis works is not the same as alcohol. It is therefore not possible to “feel closer” to the THC limit, as the draft states. The expert commission referred to studies on the effects. Safety-relevant effects are most pronounced 20 to 30 minutes after consumption and subside after three to four hours. In users who smoke weed no more than once a week, the THC concentration drops within a few hours. With frequent consumption, THC can accumulate in the body and can still be detected in the blood for days or weeks.

Reactions

CDU expert Florian Müller spoke of a “black day for road safety”. The discussions had shown that the traffic light coalition was concerned with making it easier for cannabis users to drive. The argument that it was a question of justice to treat cannabis users and alcohol drinkers equally was absurd. Green MP Swantje Michaelsen, on the other hand, stressed: “In the future, too, no one will be allowed to drive while intoxicated.” At the same time, there is now a fair regulation for everyone who separates consumption and driving. The blanket criminalization through traffic regulations is now over.

Cannabis cultivation associations

Improvements to the legalization law, which the federal government had promised the states, were also decided. To ensure that the cultivation associations permitted from July 1 do not become large plantations, permits should be refused if cultivation areas are in a “structural association” or in close proximity to those of other associations. It should be taboo to commission a commercial provider to provide several services. At the request of the states, controls can be handled more flexibly: instead of “annually”, it is now “regularly”. An initial evaluation of the consequences, especially for the protection of children and young people, should also be extended to the quantities now legally owned. This will further strengthen the protective nature of the law, said Green Party health expert Janosch Dahmen.