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28
Feb
2024

Cannabis legalized in Germany: Changed liability in the Cannabis Act and turning points for drivers

28. February 2024
Cannabis legalized in Germany - THC car control and cannabis consumption quantity
Photo by FDG on Unsplash

Cannabis legalization in Germany: Changed liability in cannabis law and turning points for drivers

Discussion about cannabis and cannabis use: legalization in Germany and effects on car control regarding THC levels

The legalization of cannabis in Germany is a controversial topic with far-reaching consequences. The focus here is on the issue of road safety, particularly with regard to THC controls in road traffic. Uncertainties about the permitted amount of cannabis consumption and the associated THC amount also play a decisive role.

Background to cannabis legalization in Germany

The legalization of cannabis could bring economic and social benefits in Germany. From increased tax revenues to medical applications, there are many potential effects. But the question remains as to how the state would handle the amount of cannabis use and THC car control.

The role of THC in road safety

THC control in road traffic is one of the biggest challenges in the legalization of cannabis. Drivers who are under the influence of cannabis could endanger road safety. Therefore, precise guidelines for THC testing and appropriate penalties for violations must be developed. The Federal Cabinet has decided that from July 2025, adults will be allowed to possess 25 grams of cannabis and grow up to 3 cannabis plants. The yield of the plants is not commercial and is intended for personal use.

The debate about THC limits on THC car control

The discussion about THC limits is a key issue. The current limit is 1.0 nanogram (ng) of tetrahydrocannabinol (THC) per milliliter of blood serum. The current limit value is so low that it can only prove whether cannabis consumption is present, but not whether it is relevant to road safety. In addition, according to § 24a StVG, a fine of at least 500 euros, a driving ban, points in Flensburg and, in the worst case, revocation of the driver’s license can be expected if this value is exceeded.

Attorney Hermann Kaufmann is available as a lawyer for comprehensive advice on the topic of “Cannabis legalized in Germany” : Feel free to contact us!

A step towards changing THC car control

Following the partial legalization of cannabis, the Bundestag has once again revised the controversial law: In future, a limit of 3.5 nanograms of the psychoactive substance THC will apply to cannabis in road traffic, which corresponds to a blood alcohol level of 0.2 per mille. The Federal Council has also approved this regulation, meaning that the new limit could come into force as early as July.

Outlook on the future of cannabis legalization in Germany

The Ministry of Transport does not want to make a forecast: “In the context of § 24a para. 2 StVG, the only thing that matters according to previous case law is whether there was a possibility of impaired fitness to drive,” says the ministry.

Are there any uncertainties regarding the legalization of cannabis in Germany or THC car control?

Your driving ability and legal status are not something to be treated lightly. If you have any legal uncertainties or questions, you can contact a qualified lawyer.

For a personal consultation, please call us on 04202 / 638370. You can also contact us directly by e-mail at info@rechtsanwaltkaufmann.de.

Get individual advice now

The information contained in this article is for general information purposes and does not relate to the specific situation of any individual. They do not constitute legal advice. In specific individual cases, this content cannot replace individual advice from experts.

An individual consultation with a lawyer is recommended to assess your specific situation and develop a customized approach.

Questions and answers about the Postbank hacker attack:

  • How would the legalization of cannabis in Germany affect THC car control?

    The legalization of cannabis in Germany would require an adjustment of the THC car control. Drivers can be impaired by cannabis use, which places new demands on road safety. Germany would therefore have to draw up precise guidelines for the amount of THC to be tolerated and penalties.

  • What impact does the current THC limit of 1.0 nanogram per milliliter of blood serum have on road users in Germany?

    The current THC limit of 1.0 nanogram per milliliter of blood serum has a significant impact on road users in Germany. If this limit is exceeded, there is a risk of fines, driving bans, points in Flensburg and, in the worst case, revocation of the driver’s license, even if there is no acute impairment of driving ability.

  • What measures are being taken to develop an appropriate regulation of THC limits in the context of the legalization of cannabis use in Germany and road safety?

    In order to develop an appropriate regulation of the THC limit values, a team of experts consisting of doctors, lawyers and traffic experts will be formed within the Ministry of Transport. This team should ensure that the limits better reflect actual driving ability and that people who are fit to drive again after using cannabis are not unfairly penalized. This is a step towards fairer regulation of THC limits in Germany.

More on the topic of cannabis legalization in Germany:

Finanzkriminalitätsbekämpfungsgesetz: Wird die Reform gegen Geldwäsche in Deutschland helfen? 

Sources on the topic of cannabis legalization in Germany::

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