Under new drug regulations in Germany, Berlin has set the most lenient drug-driving limit in the European Union.
As of August 22, drivers are allowed to operate vehicles with cannabis in their systems as long as THC levels do not exceed 3.5 nanograms per millilitre of blood (ng/ml). This marks a significant increase from the previous limit of 1 ng/ml.
THC is a cannabinoid found in cannabis. It is the principal psychoactive constituent of the drug.
Across Europe, cannabis driving limits vary: the Netherlands permits up to 3 ng/ml, Belgium, Ireland, and Denmark allow up to 1 ng/ml, while France, Italy, and Spain completely prohibit driving so long as there are registerable THC in one’s blood stream.
The increase follows Germany’s partial legalisation of recreational cannabis, which allows adults to carry up to 25 grammes for personal use and store up to 50 grammes at home.
Germany’s Cabinet has approved a controversial bill to legalise the recreational use and cultivation of marijuana under what would be among the most progressive cannabis regulations in Europe. https://t.co/RGtp7dO5Gl
— Brussels Signal (@brusselssignal) August 17, 2023
According to experts, the new level for driving is low enough to mean motorists will not feel the effects of the drug when they take to the road, the European Centre of Consumption claimed in a press release regarding the change.
“These same specialists point out that drivers should wait several hours as immediately after consuming cannabis, THC levels per millilitre of blood vary from 10 to 150ng/ml,” it added.
The body argued that THC concentration usually fell within a few hours of use for irregular consumers of the drug, but could persist at a high level for longer in habitual users.
Consuming cannabis before driving is permitted under certain conditions.
Only drivers aged over 21 and those who have held their licence for at least two years will benefit from this new threshold.
According to the new regulations, if the limit is recorded as having been exceeded for the first time, “there is a risk of a fine of €500 and a one-month driving ban,” the Bundestag stated about the new measures.
There is also a complete ban on the simultaneous use of cannabis and alcohol for road users.
“The amendment to the Road Traffic Act is intended to introduce a THC limit in road traffic and a ban on alcohol for cannabis users,” the Bundestag stated on its website.
Criticism came from the parliamentary group of the Christian Democratic Union (CDU), which argued that the new threshold did not adequately address the potential dangers of cannabis and road users.
The International Cannabis Business Conference also questioned the German approach, suggesting that a more comprehensive method of testing, including so-called “field sobriety tests,” would be more effective for assessing potential driver impairment.
In a press release, it warned that “the cannabis plant is complex and how it interacts with human biology is dynamic.”
“There is no one-size-fits-all approach to cannabis impairment as it pertains to operating motor vehicles on public roadways.”
It claimed Germany’s 3.5 ng/ml threshold would likely put a major burden on the nation’s legal system, with countless drivers being falsely accused of operating a motor vehicle while intoxicated.
The group demanded what it called a comprehensive approach to determining impairment.
“Until Germany implements more sensible cannabis DUI laws, consumers in Germany are encouraged to take public transit as much as possible,” it said.
