The German government wants to raise the THC limit for driving

In the wake of the legalization of cannabis in Germany, To reflect the legal nature of the substance, changes to the Highway Code are required. This legislative update, spearheaded by the SPD, the Greens and the FDP, aims to introduce new THC limits for driving and strict measures against mixed substance use on the roads.

Higher THC limits and alcohol restrictions

The recent changes proposed by the «traffic light» coalition in Germany are designed to take account of the changing landscape following 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 should be increased to 3.5 ng/ml under the «Sixth Act to amend the Road Traffic Act and other road traffic regulations».

According to the coalition, this measure takes into account the evolution of scientific knowledge concerning the’THC's impact on driving, and is in line with the constitutional principle of proportionality.

In addition, the legislation proposes a strict ban on driving while under the influence of cannabis and alcohol. This prohibition extends to drivers whose THC levels exceeds the prescribed limit. This double restriction is designed to reduce the increased risk associated with alcohol and cannabis consumption, which multiplies accident risks by 29.

Strict rules apply to new and young drivers, including those under 21. The ban on alcohol consumption is supplemented by a ban on cannabis. In addition, a limit specific of THC of 1.0 ng/ml in blood serum, previously established by case law, will be rigorously applied.

Balancing individual freedom and public safety

The coalition supporting these changes stresses the importance of striking a balance between individual freedom and public safety. They argue that limit revised of THC of 3.5 ng/ml, equivalent to a blood alcohol level of 0.2g, is a fair balance, given the evolving scientific consensus on levels of impairment while driving.

Alongside revised THC limits, legislation introduces reinforced control measures. Saliva tests are proposed as a preliminary screening tool 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 officers.

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