Federal Court of Justice cannabis consumers should assess their own driving ability

Federal Court of Justice makes a decision on the subject of "smoking and driving a car"
If you drive after using cannabis, you may lose your driving license - even if your consumption is already a long time behind. The Federal Supreme Court (BGH) has currently made this clear in a resolution (ref. 4 StR 422/15). Accordingly, cannabis consumers must check at any time before driving whether they are fit to drive - and leave the car in case of doubt.

Driving license loss even days after consumption possible
Driving after consuming cannabis can have nasty consequences. You do not even have to be acutely intoxicated to lose your driver's license. After all, the residues of the active ingredient tetrahydrocannabinol (THC) can still be detected in urine after days. The limit is one nanogram of tetrahydrocannabinol (THC) per milliliter of blood - from this value, the driver is considered unfit for driving, even if he is already sober from his own point of view.

If you want to drive after smoking a car, you have to be able to judge for yourself whether it may exceed the permissible THC limit. (Image: Remo / fotolia.com)

So far, it was disputed between the Higher Regional Courts, under what conditions the trial judge from the determination of a value about 1.0 ng / ml THC in the blood of a driver on a "objectively and subjectively careful and thus negligent irregular conduct within the meaning of § 24a Abs . 2 and 3 StVG may reason ", so the message of the BGH.

Man lodges an appeal despite increased THC value
In the current case, a man was convicted of careless driving under the influence of intoxicating means to a fine of 500 € and had to give up his driving license for a month. Previously, a THC concentration of 1.5 ng / ml had been measured in his blood as part of a traffic control. The competent district court had based itself for the judgment on this value alone - whether the man was actually unfit for driving, was disregarded. Finally, the person concerned lodged an appeal because, in his view, the accusation of negligence was "unsustainable.".

Previously, in fact, several other higher regional courts had come to the conclusion that the driver could not tell if the THC had any physical effects at the time of driving or not. But this argument will no longer play a role in future, because now the Federal Court of Justice has made a decision.

If in doubt, the car must stop
Accordingly, after prior deliberate consumption of cannabis, the driver is obliged to ensure that he is fit to drive before starting the journey. The guarantee was to be provided to the BHG after "by appropriate self-examination" or "if necessary after obtaining expert advice". If a clear judgment can not be obtained, the driver must keep their hands off the wheel to make sure he is not driving above the threshold THC concentration in the blood.

Furthermore, in cases where the motor vehicle was not used in conjunction with the previous use of cannabis, the trial judge was entitled, "in the absence of contrary evidence, to ascertain the presence of a corresponding THC concentration in the blood in accordance with §24a Abs.2 and 3 StVG objectively and subjectively inaccurate behavior to close ", so the decision of the BGH. (No)