Germany Sets New Limits For Driving Under The Influence Of Marijuana, Berlin Confirms Cannabis Club Oversight

German President Frank-Walter Steinmeier signed into law a bill Friday regulating driving under the influence of cannabis.

In June, the Bundestag set a maximum allowed limit of THC – the psychoactive substance in the cannabis plant – for drivers at 3.5 nanograms of THC per milliliter of blood. That’s equivalent to 20 milligrams of alcohol per 100 milliliters of blood.

Even stricter rules are set for new drivers as mixing cannabis with alcohol is not allowed under the new law, writes Taz, according to translation.

Under the new law, which takes effect this week, anyone driving with 3.5 nanograms or more of THC in their system risks a fine of 500 euros ($554) and a one-month driving ban. Mixing alcohol with cannabis risks a fine of 1,000 euros. During the two-year probationary periods for new drivers and those under 21, cannabis use is strictly forbidden. Violators can be fined 250 euros.

According to the German Society for Traffic Medicine (DGVM), occasional marijuana consumers could reach the new threshold of 3.5 nanograms within 3 to 5 hours of smoking a joint. However, these guidelines may not always be applicable because the potency of cannabis in a joint can vary.

The DGVM further advises that occasional marijuana smokers wait at least 12 hours before driving and 24 hours after consuming cannabis edibles. Regular users should wait several days before driving because THC is lipid-soluble, meaning it is stored in the fatty tissues of certain organs.THC is slowly released back into the bloodstream from these fat deposits.

This means that testing for THC in the bloodstream doesn't necessarily determine impairment. In fact, there is not yet a definite or reliable scientific method for determining if a person behind the wheel is impaired. In some U.S. states, judges overseeing DUI cases rely on police reports and assessments, which means responsible cannabis users can end up with fines, fees, and other legal penalties.

Read More: Yup, You Just Smoked Weed! New Testing Method Confirms Recent Cannabis Use With 96% Accuracy, Federally-Funded Study

“Since there is no reliable dose-concentration relationship for cannabis, it is not possible to precisely determine at what frequency of use accumulation occurs in individual cases, nor how long THC remains detectable in blood serum in such cases,” writes the DGVM.

Read Also: Medical Marijuana Does Not Impact Driving Abilities When Used As Prescribed, New Study Asserts

Berlin Finally Confirms Who's In Charge Of Cannabis Cultivation Applications

This week, the Landesamt für Gesundheit und Soziales (Lageso) has been chosen as the authority in charge of approving cannabis cultivation associations in Berlin, writes ASB Zeitung. Lageso's work will rely on the Senate Health Administration's original regulation, while further discussions are set for September 3rd in the Berlin Senate.

“The necessary funds will be assigned to Lageso once we’ve assessed the workload,” Senate spokeswoman Christine Richter told the German Press Agency.

The decision follows Social Democratic Party (SPD) expert Martin Matz's call for a rapid decision on implementing the federal cannabis law, which has been in effect for over four months. "The Senate must clarify the competency issue. It's high time, there's no other way to put it," Matz previously told Deutsche Presse-Agentur. "So far, they've been avoiding the decision.”

Cannabis clubs became legal on July 1, 2024, and the first such marijuana social clubs opened their doors on July 8 in Lower Saxony. However, across many other states, applications for cannabis cultivation associations face multiple setbacks.

In the first four weeks of the application process, only 43 applications for cannabis cultivation associations were submitted in North Rhine-Westphalia (NRW), a state in Western Germany. With more than 18 million inhabitants, NRW is the most populous state in Germany. However, nearly all applications are incomplete.

The clubs must satisfy numerous requirements. For example, they must be located at least 200 meters from schools, youth facilities and playgrounds. A club can have a maximum of 500 members who have lived in Germany for at least six months. The application process is multi-step and involves rigorous checks on applicants’ backgrounds, location requirements, and legal compliance. This is causing significant delays and frustration among applicants.

On Feb. 23rd, Germany became the third country in the European Union to legalize adult-use cannabis after Malta and Luxembourg. On April 1, the first pillar of the law took effect, allowing adults over 18 to legally possess up to 25 grams of dried cannabis flower and cultivate up to three marijuana plants at home.

Read also:

• Medical Marijuana Regulated As Ibuprofen Is One Of The Biggest Breakthroughs Of Germany’s Cannabis Law
• Is Germany Poised To Become The Next Weed Epicenter In Europe?
• These 3 Cannabis Companies Hold Cultivation Licenses In Germany: A ~$1.8B Market Opportunity?

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