After a long battle and numerous seemingly insurmountable obstacles, justice has finally prevailed. As of April 1, 2024, cannabis in Germany will be partially legalized. Under certain circumstances, it will be allowed to possess, grow, and consume cannabis. One of the problems yet to be resolved was the THC limit for road safety, but there is already good news on this issue.
What changes with the new THC limit?
As of April, the Cannabis Act comes into effect, which allows the consumption, possession, and cultivation of cannabis to a limited extent. Despite this, driving under the influence of cannabis remains illegal and can cost you your driver's license. An expert commission has proposed a limit of 3.5 nanograms of tetrahydrocannabinol (THC) per milliliter of blood serum to regulate cannabis use in road traffic. However, this limit must still be decided by the legislature. This can take some time and will not apply from 01.04.2024.
Until then, the previous sanctions for driving under the influence of cannabis. The expert commission also recommends a ban on alcohol for cannabis users at the wheel, as mixed use is considered particularly risky. Critics of partial legalization fear an increase in traffic accidents due to cannabis, while others emphasize that intensive education about the risks is crucial.
What does this mean for cannabis patients?
The medication clause of § 24a para. 2 sentence 3 StVG states that there is no administrative offense if the substance is part of a prescribed medication. This means that if a person takes cannabis as medication and shows no signs of driving incompetence, their driver's license may not be revoked despite a THC value above the limit.
Unfortunately, the reality often looks different. After a person check and determined exceeding value, the licensing authority usually reports to check the medication intake and exclude possible abuse. This can mean a lengthy process for the patient and ultimately result in the loss of the driver's license. Therefore, it is of great importance that cannabis patients critically question themselves before starting a journey, whether they are actually able to participate safely in road traffic. This applies especially after an adjustment of the dosage or a change of the variety.