New THC Legal Limits Set for German Drivers
作者： 白茉雅 Mojca Babovic (台灣毒品處遇政策研究學會 國際政策組長)
1 .The Cannabis Act (Cannabisgesetz, CanG) in Germany
On April 1, 2024, the German federal government implemented the first pillar [1] of The Cannabis Act (“Cannabisgesetz,” CanG) .[2] This law permits adults (18 years and older) to possess up to 25 grams of cannabis and cultivate up to 3 cannabis plants at home. Starting July 1, 2024, regulations for communal cultivation within cannabis associations will come into effect as well. These associations, which can have a maximum of 500 members, will be allowed to grow cannabis and distribute up to 25 grams per day or 50 grams per month to each member, with a lower monthly limit of 30 grams for members aged 18-21.
The adoption of new measures stems from the failure of the current policy banning cannabis, as increasing numbers of residents, including many young people, continue to use it. According to the 2024 European Drug Report, [3] in 2021, Germany had an estimated 12-month prevalence of cannabis use of 17.2% among 15- to 34-year-olds, one of the highest rates in EU. Additionally, the economic costs resulting from the harmful use of cannabis in 2016 were estimated to be approximately 975 million euros per year[4].
The Federal Ministry of Health (Bundesministerium für Gesundheit, BMG) argues that the Cannabis Act (CanG) aims to: (1) protect public health and safety by facilitating the responsible use of cannabis through limited legal availability of the drug with numerous rules, regulations and restriction; (2) reduce illicit activities related to cannabis; (3) improve cannabis product safety; and (4) increase public awareness of health risks associated with cannabis[5].
Nevertheless, further monitoring of cannabis use and evaluating the social and economic impact of the new policy measures will be of high importance for Germany in the coming years. This is especially important because substantial evidence links frequent cannabis use to increased violent behavior and greater involvement with the justice system[6]. It also poses health risks, such as impaired cardiovascular and respiratory function and the development of psychoses, especially, in individuals with a (family) history of psychotic symptoms. Furthermore, regular use among young people is likely to adversely affect psychosocial outcomes, including reduced educational attainment[7].
2. New THC Legal Limits for German Drivers
Cannabis use also impairs driving-related cognitive skills, leading to adverse impact on road safety[8]. In response to legalization, governments worldwide have been introducing strengthened drug-driving policies, including new legal limits, screening devices, and expanded police powers to prevent cannabis-impaired driving.
In Germany, The Cannabis Act (CanG) itself does not include any specific rules on driving under the influence. However, it stipulates (§44 CanG) that an independent group of experts in medicine, law and transportation commissioned by the Federal Ministry for Digital and Transport (Bundesministerium fur Digitales und Verkehr, BMDV) must discuses and recommends a new THC legal limits in blood for drivers by March 31, 2024. These limits are intended for administrative offense in the Road Traffic Act (§24a StVG), [9]while the criminal offenses under impairment legislation in the Criminal Code (§ 315c and §316 StGB) [10] are not to be changed.
By the end of March 2024, the expert group recommended raising the THC limit to 3.5 ng/ml of blood serum, up from the previous limit of 1.0 ng/ml set in 2002.[11] The newly recommended THC level is comparable to the risk associated with a blood alcohol level of 0.2 per mille. Therefor, a level below this value does not cause any impairment relevant to road safety. [12]
According to forensic doctor Professor Stefan Tönnes, who contributed to the report, the new limit is only little higher than the current 1ng/ml threshold and does not pose any high traffic risk. However, the benefit of this increase is that it would prevent consumers from being unfairly judged if they were stopped in traffic. [13]
In June 2024, Germany’s lower parliament (Bundestag) accepted the experts’ recommendations, establishing a maximum THC limit of 3.5 ng/ml for German drivers. [14]
3. Cannabis-Impaired Driving in Canada After 2018 Legalization
By July 2024, it will have been six years since cannabis for personal use was legalized in Canada under The Cannabis Act 2018. [15] Similar to the German government, the Canadian government made changes to their drug driving policy through Bill- C46. Specifically, it created new criminal driving offences in the Criminal Code, [16] set new THC legal limit (2 to 5 ng/ml in blood),[17] provided additional training and tools to law enforcement to detect and deter drug-impaired driving[18] as well as raised public awareness on the dangers of drug driving. [19]
The question is whether the new drug driving regime has had an impact on road safety and public awareness, and if this is relevant to Germany? It is noted that while Germany aims for a more liberal approach to cannabis legalization, it remains restrictive compared to Canada, lacking legal commercial retailers. Manthey et al. (2024) [20] suggest if legal market dynamics contributes significantly to increased use and public health/safety issues, Germany’s non-profit-model with a limited number of cannabis clubs may prove more effective in safeguarding public health than Canada’s commercial model. Therefor, it is speculated that legalization in Germany may not significantly contribute to the upward trend in cannabis use and, consequently, road safety concerns.
Nevertheless, let us summarize some key findings from Canada to gain crucial understanding on how legalization, drug driving policy and public safety are intertwined.
Statistics Canada summarized data indicates a notable increase in cannabis use across age groups 18 and above from 2011 to 2021. For example, usage rose from 26% to 39% among 18- to 24-year-olds and from 10.8% to 13% among 25- to 44-year-olds. Additionally, nearly 5% of past-year cannabis users (approximately 300,000 individuals) reported experiencing impaired control over their cannabis consumption. [21]
The “2024 Annual National Data Report to Inform Trends and Patterns in Drug-Impaired Driving Report” [22] summarized studies highlighting the ongoing negative impact of cannabis policies. Over the past 10-12 years, there has been an increase in drug-driving incidents, rising from 1,407 in 2009 to 5,905 in 2022, with cannabis being one the most frequently detected drugs among drivers.[23] In 2022, British Columbia reported a doubling of moderately injured drivers with a THC level of at least 2 ng/ml. Another study conducted in 15 trauma centers across Canada (2018-2023) found that among injured drivers tested positive for at least one impairing substance (53.7%), cannabis was the most commonly detected single substance, with approximately one in six drivers (17.9%) testing positive for THC.
Another concerning finding is that cannabis users, particularly daily or almost daily users, are more likely to believe that cannabis does not impair driving. Despite increased public awareness campaigns and enhanced enforcement tools for drug-impaired driving laws, only 25% of Canadians believe it is very likely they will be caught if they drive under the influence of cannabis.
After more than 6 years of legalization, Canada requires additional years of data to assess the full impact of cannabis policies on public safety and health. However, there are evident concerns regarding road safety and vulnerability to cannabis dependency, prompting a strong call for the development of more effective policies and enhanced prevention and education initiatives. As for Germany, only time will reveal what the future holds.
[1] Note: Pillar 2 - regional model project with commercial supply chain - is a model with regional and time constraints. Companies will be able to produce, distribute and dispense recreational cannabis to adults in specialty stores in a licensed and state-controlled framework. See: https://www.bundesgesundheitsministerium.de/presse/pressemitteilun
[2] https://www.recht.bund.de/bgbl/1/2024/109/VO.html?nn=55638
[3] European Monitoring Centre for Drugs and Drug Addiction. “European Drug Report 2024: Trends and Development”. https://www.emcdda.europa.eu/publications/european-drug-report/2024/cannabis_en
[4] https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9677535/
[5] https://www.bundesgesundheitsministerium.de/themen/cannabis/faq-cannabisgesetz.html
[6] Dellazizzo, Laura, Stéphane Potvin, Maria Athanassiou, and Alexandre Dumais. 2020. “Violence and Cannabis Use: A Focused Review of a Forgotten Aspect in the Era of Liberalizing Cannabis.” Frontiers in Psychiatry. https://doi.org/10.3389/fpsyt.2020.567887.
[7] Hall, Wayne, and Louisa Degenhardt. 2014. “The Adverse Health Effects of Chronic Cannabis Use.” Drug Testing and Analysis. https://doi.org/10.1002/dta.1506.
[8] Pearlson, Godfrey D., Michael C. Stevens, and Deepak Cyril D’Souza. 2021. “Cannabis and Driving.” Frontiers in Psychiatry. https://doi.org/10.3389/fpsyt.2021.689444.
[9] https://www.gesetze-im-internet.de/stvg/__24a.html
[10] https://www.gesetze-im-internet.de/stgb/__315c.html; https://www.gesetze-im-internet.de/stgb/__316.html
[11] Grenzwertkommission: Beschluss zu §24a (2) StVG vom 20.11.2002.See: https://www.gtfch.org/cms/images/stories/media/tk/tk69_3/Grenzwertkommission.pdf
[12] Note: Experts also recommend: (1) Implementing a complete ban for drivers who have simultaneously used alcohol and cannabis to address the particular hazard of mixing these two drugs. (2) Using high-sensitivity saliva testing as a preliminary screening method to detect current onsite consumption. See: https://bmdv.bund.de/SharedDocs/DE/Pressemitteilungen/2024/018-expertengruppe-thc-grenzwert-im-strassenverkehr.html
[14] https://www.dw.com/en/germany-cannabis-limit-set-for-drivers/a-69295847
[15] https://laws-lois.justice.gc.ca/eng/acts/C-24.5/
[16] https://www.justice.gc.ca/eng/csj-sjc/pl/charter-charte/c46.html
[17] https://gazette.gc.ca/rp-pr/p2/2018/2018-07-11/html/sor-dors148-eng.html
[18] https://www.justice.gc.ca/eng/cj-jp/sidl-rlcfa/qa-qr.html
[19] Canadian Centre on Substance Use and Addiction. 2019. “Drug Per Se Laws.” https://www.ccsa.ca/sites/default/files/2020-08/CCSA-Drug-per-Se-Laws-Policy-Brief-2019-09-en.pdf.
[20] Manthey, Jakob, Jürgen Rehm, and Uwe Verthein. 2024. “Germany’s Cannabis Act: A Catalyst for European Drug Policy Reform?” www.thelancet.com.
[21] Statistics Canada. 2023. Research to Insights: Cannabis in Canada. See: https://www150.statcan.gc.ca/n1/pub/11-631-x/11-631-x2023006-eng.html
[22] https://www.publicsafety.gc.ca/cnt/rsrcs/pblctns/2023-did-fad/index-en.aspx
[23] Note: The rise in police-reported drug-impaired driving incidents might reflect improved law enforcement awareness, training, and detection capabilities more than actual changes in driving behavior after drug use.