Verdict VGH Munich complicates driving ban after a single cannabis ride

Ban only after medical-psychological examination allowed

After a single drive under the influence of cannabis, a driver may not simply be deprived of the driver's license. At best, this would only be permissible after a medical-psychological examination, as the Bavarian Administrative Court (VGH) in Munich ruled in a verdict of the previous day announced on Wednesday, April 26, 2017 (Ref .: 11 BV 17.33).

At the time of the crime, 21-year-old plaintiff had driven under the influence of Cannabis car. The Landratsamt Starnberg imposed a fine of 500 euros and a one-month driving ban, without having previously commissioned a report.

The driver successfully resisted the ban on driving. A driving ban without an opinion is inadmissible, the VGH ruled.

As with alcohol rides, the driver licensing authority can generally not judge the future security risks even with cannabis. If there is a suspicion that a motorist "does not continue to separate driving and cannabis use in the future", the authorities must therefore commission a medical-psychological report in order to clarify this. Only then, then, if appropriate, a driving ban is allowed.

In case of dispute, the VGH München therefore lifted the ban on driving. Due to its fundamental importance, however, he allowed the appeal to the Federal Administrative Court in Leipzig. mwo / fle