Germany: no more automatic withdrawal of licence in the event of a positive cannabis test

A few days ago, Michigan decided not to impose a THC limit for traffic stops. Today is Germany's turn to review its laws on the matter. Indeed, many experts point out that THC can remain in the body for days or even weeks after the last use and is therefore not a reliable indicator of driving under the influence.

Case Law on Driving Under the Influence

This change stems from a ruling handed down by the Federal Court in Leipzig last Tuesday. The ruling orders the relevant authorities to stop automatically revoking licenses in cases where drivers test positive for THC. These drivers must undergo a thorough medical evaluation to determine whether they are under the influence or whether the presence of THC in the body is a remnant of past consumption.

Under current laws, drivers with more than 1 nanogram of THC per milliliter of blood automatically lose their driver’s license. This extremely strict limit poses a problem, particularly for German medical cannabis patients. It is worth noting that’In France, the THC detection limit is also 1 ng/mL, so even the slightest trace is enough to subject the driver to criminal prosecution.

In 2015, a German expert panel proposed raising the limit to 3 ng/ml of blood precisely because THC can remain in the system for several days after the last use. In regular users, traces can remain for more than a month. Experts in Michigan also noted that THC levels fluctuate depending on the method of administration.

The Federal Court in Leipzig upheld the 1 ng/ml blood limit and the associated criminal penalty; however, license revocation is no longer automatic. It still applies, however, if the driver’s actual impairment is medically verified. The details and criteria for this assessment have not yet been established.