German lawmakers amend cannabis law: what do the new regulations mean?

Germany's Bundestag has passed a series of amendments to its cannabis law, just two months after its official launch. One concerns THC limits for drivers, the other gives the Länder greater leeway to regulate cultivation associations, which are due to be launched in July.

After promising the federated states more control in a «protocol declaration» in a last-ditch effort to pass the CanG, the bill's architect, Health Minister Karl Lauterbach, has now made good on his promise.

Driving and THC

The Bundestag has passed an amendment to the Road Traffic Act, raising the limit on THC levels in drivers' blood. Under the new regulations, The limit will be raised from 1ng/ml to 3.5ng/ml of blood serum, a threshold determined by the recommendations of a Ministry of Transport expert commission.

Although some have suggested that this limit remains too low, it is more in line with the limits imposed on driving under the influence of alcohol.

This limit will apply to all methods of consuming cannabis, including combustion, smoking and other methods. edibles, THC, oils and beverages, but will exclude THC that «originates from the intended use of a medicine prescribed for a specific disease».

First-time offenders exceeding this limit will be liable to a one-month driving ban and a fine of 500 euros.

In addition, drinking after the THC limit of 3.5 ng/ml has been exceeded and driving will constitute a new offence.

New drivers under the age of 21 will be subject to a two-year probationary ban on THC use.

Saliva tests will be used as a preliminary test to detect cannabis use, but if a driver shows signs of impairment, he or she may be required to take a blood test, even if the saliva test is negative.

Heute beschließen wir Änderungen zum #Cannabis Gesetz.
Das war mit dem Bundesrat vereinbart, um eine Blockade zu verhindern.
Der THC-Grenzwert im Straßenverkehr wird auf 3,5ng/ml festgelegt. So schaffen wir Sicherheit und verhindern #Kriminalisierung durch die Hintertür. 1/2

- Kirsten Kappert-Gonther (@KirstenKappert) June 6, 2024

Dr. Kirsten Kappert-Gonther of Alliance 90 and the Greens told MPs, «It's a mistake to criminalize cannabis and promote alcohol everywhere.»

«What is forbidden is to criminalize people who do not drive under the influence of alcohol. That's exactly what we're doing today».»

A motion by the Union faction to prevent an increase in THC limits for driving has been defeated by MPs, much to the dismay of the amendment's opponents.

Dirk Brandes of the AFD said during the vote: «How dangerous do you want to make the lives of German citizens? Seriously, aren't there enough problems Germany has to worry about with your irresponsible attitude towards knife-wielding rapists and jihadists in this country?»

«It starts with drunk driving and, in the worst case scenario, ends with Islamic terrorist attacks in Mannheim.»

Cultural associations

Changes have also been made to the already complex regulations future cultural associations.

An amendment to the Cannabis Act will now give federal states the ability to deny authorizations if cultivation areas or greenhouses are close to other associations.

This measure is designed to give states greater leeway to prevent the emergence of «large-scale cultivation zones».

Dirk Heidenblut of the SPD said at the last reading: «One of the main reasons why cannabis legalization was able to take place in the country was the protocol declaration in which the coalition promised the federal states concerned to find a solution to their problems».

«We're giving the federal states the flexibility they need, and another aspect that I think is important is that we're also helping the states with aid for drug prevention and training.»

«I believe it's essential that Cannabis Social Clubs start operating, so I hope federal states will realize this and use their leeway carefully. If they decide to put a stop to these activities, they will be limiting access to legal cannabis, which will harm youth, prevention and access to controlled, safe and tested cannabis.».

At the same time, the ban on commercial providers offering more than one service will also be enforced to limit business opportunities for ancillary companies.

However, a last-minute amendment was adopted by the Health Committee, removing the prohibition on paid employees of cultivation associations from carrying out various activities not directly related to the «collective cultivation or distribution of cannabis», with the aim of reducing organizational costs.