The legalization of cannabis raises an important question for many users: What actually applies in road traffic? What do I have to watch out for if I've been smoking pot? The rules have recently changed and there are a few things you should be aware of to stay safe on the road.
What is the current limit?
Since August 22, 2024, a new legal THC limit of 3.5 nanograms per milliliter of blood serumhas been in force in Germany . This means that the previous limit of 1.0 ng/ml, which was often used in case law, has been significantly raised. This limit allows drivers to drive with a certain residual level of THC in their blood without automatically having to fear a penalty. According to experts, the new value is roughly comparable to a blood alcohol limit of 0.2 per mille.
The new THC limit of 3.5 ng/ml means that cannabis users should not get back in the car immediately after consuming a joint. The time it takes to fall below this limit depends heavily on consumption behavior and varies from person to person and case to case. It is not possible to make a general statement here, as is the case with alcohol consumption.
How long do I have to wait?
- Occasional users: Those who only use cannabis occasionally can often fall below the limit againwithin 6 to 12 hours. The amount consumed and the product (e.g. flower or edible) play a major role here.
- Regular users: Here, THC can be detectable in the blood for much longer. It is possible that even after several days there is still a higher THC level in the blood, as THC accumulates in fatty tissue.
What does the ADAC say?
The ADAC recommends waiting at least 24 hours after consumption before driving again to be on the safe side. For regular users, however, this waiting period may be longer, as the breakdown is slower.
It remains important to pay attention not only to the THC value, but also to your own feelings: if you feel dizzy or not fully concentrated, you should not drive under any circumstances, even if you are below the limit value.
Are there differences in age?
- Novice drivers and those under the age of 21 must adhere to stricter rules: They are still subject to no THC in the blood, similar to the ban on alcohol for this group. This means that novice drivers can be sanctioned even with the lowest THC levels.
- Medicinal cannabis users are largely exempt from this regulation as long as they have a doctor's prescription and there are no signs of abuse.
What impact does consumption have on road traffic?
Despite the increase in the limit value, this does not mean that driving under the influence of cannabis is unproblematic. THC can impair reaction time, coordination and judgment. Driving over the limit can lead to a fine of 500 euros and a month's driving ban. If alcohol has also been consumed, the fine rises to 1,000 euros.
How is the test carried out?
The police often use a urine test first, which is carried out if cannabis consumption is suspected. A positive result is followed by a blood test, which then determines the THC content in the blood serum. If this is over 3.5 ng/ml, there is a risk of sanctions.
Are there any tips for traffic checks?
If you are stopped, legal experts often give the following tips:
- Stay calm and cooperate. Present your papers and only answer the necessary questions.
- No voluntary tests: You are not obliged to agree to a voluntary urine or saliva test. However, the blood test can be ordered and must then be carried out.
- No self-disclosure: You do not have to give any information about your consumption. Remain polite and point out that you want to protect yourself legally.
What do current court rulings say?
Since the introduction of the new limit, there have already been several court rulings that show that the situation for consumers can ease if they remain below the limit. However, there is still an important exception for mixed consumption: if alcohol and cannabis are consumed together, harsher penalties apply.
Conclusion
Even though the THC limit value is now more generous, the recommendation to not drive after consuming cannabis remains. Safety first - for you and other road users!
Stay informed and responsible on the road - don't smoke and drive! - Your Marry Jane Team
All information without guarantee.
Note on the use of language:
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