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Cannabis while driving: New ruling ensures legal clarity!
On January 17, 2025, the Oldenburg Higher Regional Court decided on a more lenient verdict on THC in the blood following a change in the law on road traffic.
Cannabis while driving: New ruling ensures legal clarity!
In a groundbreaking decision, the Oldenburg Higher Regional Court (OLG) acquitted a driver who was stopped for consuming cannabis. The case was handled under the reference number: 2 ORbs 95/24. The driver was behind the wheel in 2023 with a blood level of 1.3 ng/ml THC. The district court originally imposed a fine of 1,000 euros and a driving ban valid for three months. However, the driver appealed.
In view of the reform of the Road Traffic Act, which came into force on August 22, 2024, the Oldenburg Higher Regional Court applied the new law to the case. The newly introduced THC limit is now 3.5 ng/ml, while the previous limit of 1.0 ng/ml had no legal basis and was based solely on recommendations from a limit commission. The court's decision was based on the Administrative Offenses Act (OWiG), paragraph 4, paragraph 3, which stipulates that the most lenient sentence is to be applied in the event of changes to the legislation during ongoing proceedings.
New legal regulations
The amendment to the Road Traffic Act was passed by the Bundestag on June 6, 2024 and approved by the Bundesrat on July 5, 2024. The new regulation also introduced an absolute ban on cannabis for novice drivers and drivers under the age of 21. There is also an absolute ban on drinking and driving for cannabis users.
The new law, which was announced in the Federal Law Gazette on August 21, 2024, came into force on August 22, 2024. These regulations arose from the recommendations of a road traffic expert working group from March 2024. Before the change in the law, there was no legal THC limit, but only an analytical detection limit of 1 ng/ml THC in blood serum. Experts view the new limit of 3.5 ng/ml THC as a conservative approach, comparable to a blood alcohol concentration of 0.2 per mille.
The legal changes not only create legal certainty, but also legal clarity, especially for novice and young drivers. The Federal Ministry of Digital and Transport (BMDV) has also launched the “don’t drive high” campaign to address the connection between cannabis consumption and driving.