As of: March 29, 2024, 5:09 a.m
By: Andreas Schmid
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A few days before the cannabis law comes into force, the Ministry of Transport announced a new limit. But it will still take some time until it is applied.
On Easter Monday the cannabis law comes into force and the drug will be decriminalized. In addition to the rules on cultivation and possession quantities, it was previously unclear how the law would affect road traffic: the draft law states that a new limit will be proposed by March 31st. This is now the case.
New THC limit when driving: 3.5 nanograms instead of 1.0
According to the Ministry of Transport, a limit of 3.5 nanograms of the active ingredient THC in hemp per milliliter of blood serum will soon apply. Previously, the value was 1.0 nanogram. The adjustment is carried out by an independent group of experts based on scientific findings, according to the FDP-led Ministry of Transport: “According to the current state of science, if this THC limit value is reached, a road safety-relevant effect when driving a motor vehicle is not remote, but is well below the threshold. from which a general risk of accidents begins.”
Incidentally, a member of the limit value commission responsible at the time had already suggested this value in May 2023. At that time, Volker Auwachter, head of the forensic toxicology laboratory in Freiburg, said he could imagine an adjustment to 3.5 nanograms. “From a traffic safety perspective, there are no comprehensible reasons for me why a 'zero tolerance' should apply to cannabis, while a risk limit should be used for alcohol,” Auwachter told our editorial team.
Smoking weed and driving? Transport Minister Wissing is planning to increase the THC limit in road traffic. (Archive image) © Soeren Stache/picture alliance/dpa
Associations are calling for an “absolute ban on cannabis” for novice drivers
Criticism came from the police and car associations in advance. In a joint statement from the Federal Association of Driving Instructors, the German Traffic Watch and the TÜV Association, it was said that the risk of accidents in road traffic increases as a result of the cannabis law. The associations also called for an “absolute ban on cannabis” with a zero-tolerance limit for novice drivers – “analogous to how we deal with drunk driving”.
There were also concerns in advance about the “mixed consumption” of cannabis and alcohol. This increases the risk of accidents, said the insurer's head of accident research, Kirstin Zeidler, in an interview with our editorial team. The Ministry of Transport is now accommodating this. It says: “In order to do justice to the particular risk posed by mixed consumption of cannabis and alcohol, it is recommended that cannabis users be banned from drinking and driving in accordance with the regulations.”
Lauterbach: THC value corresponds to 0.2 per mille for alcohol
In the Bundestag, higher values were repeatedly called for during the course of the legalization process. The limit of 3.5 is considered a reasonable compromise, it is said. Health Minister Karl Lauterbach explained that the value was “conservative and corresponds to the effect of around 0.2 per mille of alcohol”.
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Criticism comes from the Union. CDU transport politician Florian Müller says: “This decision endangers the most vulnerable in road traffic: our children and senior citizens.” The tripling of the previous limit is “final proof that the federal government cares more about cannabis legalization than road safety,” said Müller .
FDP expert on new THC limit: “sensible value”
“It was clear that the limit value had to be adjusted as part of cannabis legalization,” says the FDP’s drug policy spokeswoman, Kristine Lütke, in an interview with
IPPEN.MEDIA
. “The expert commission has now proposed a sensible value with which we can now quickly start the parliamentary process.”
In order to introduce the limit value proposed by the expert group, the Road Traffic Act must be changed. To date, driving a motor vehicle under the influence of drugs has generally been prohibited. Courts recently set a threshold of one nanogram of THC per milliliter of blood.
Transport politicians in the Bundestag will also be involved in the process of making this change in the law. It can be assumed that they will adopt the expert group's suggestion. However, it is not yet clear when the law with the new THC limit will come into force. (as)