German Government Seeks to Increase THC Driving Limit

The German government proposes to increase the THC limit for drivers from 1.0 to 3.5 ng/ml following the legalization of cannabis, introducing stricter combined usage bans for cannabis and alcohol to enhance road safety. The legislative update also includes enhanced preliminary screening measures like saliva tests for detecting recent cannabis use and revises regulations for Cannabis Clubs.

Following the legalization of cannabis in Germany, amendments to the road traffic code are necessary to reflect the legality of the substance. This legislative update, led by the SPD, Greens, and FDP, aims to introduce new THC limits for drivers and strict measures against mixed substance consumption on the roads.

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Raising THC Limits and Alcohol Restrictions

The recent amendments proposed by Germany’s “traffic light” coalition aim to accommodate the evolving landscape after the legalization of cannabis.

One of the proposed changes is the adjustment of THC limits for drivers. The current legal limit of 1.0 nanograms (ng) of tetrahydrocannabinol (THC) in blood serum is expected to be increased to 3.5 ng/ml under the “Sixth Act Amending the Road Traffic Act and Other Traffic Regulations.”

According to the coalition, this measure takes into account the evolving scientific understanding of the impact of THC on driving and aligns with the constitutional principle of proportionality.

Additionally, the legislation proposes a strict ban on driving after consuming both cannabis and alcohol. This ban extends to drivers whose THC levels exceed the prescribed limit. This dual restriction aims to reduce the heightened risk associated with the consumption of both alcohol and cannabis, which multiplies the risk of accidents by 29.

For new and young drivers, including those under 21, strict rules are applied. The prohibition of consuming alcohol is complemented by a prohibition of consuming cannabis. Additionally, a specific THC limit of 1.0 ng/ml in blood serum, previously established by case law, will be rigorously enforced.

Balancing Individual Freedom and Public Safety

The coalition supporting these changes emphasizes the importance of finding a balance between individual freedom and public safety. It asserts that the revised THC limit of 3.5 ng/ml, equivalent to a blood alcohol content of 0.2g, represents a fair balance, considering the evolving scientific consensus on impairment levels while driving.

Enhanced THC Screening Measures

Alongside the revised THC limits, the legislation introduces enhanced control measures. Saliva tests are proposed as preliminary screening tools to detect recent cannabis use, particularly during roadside checks. These tests aim to identify consumption in the immediate context of driving, thus providing more nuanced information to law enforcement.

Legislative Revisions on Cannabis Consumption

In addition to the amendments related to road traffic, revisions to the Cannabis Consumption Law (KCanG) are also on the agenda and will be discussed. These changes, based on consultations at the federal and state levels, aim to ease control measures for Cannabis Clubs and align with regional concerns and interests.

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(Featured image by Ryutaro Tsukata via Pexels)

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