Administrative court No driving license withdrawal Cannabis against regular pain

Freiburg administrative court: woman does not have to hand over driver's license
A woman who uses cannabis monthly to combat her menstrual pain does not have to give her driver's license. The administrative court of Freiburg decided in an order published on Wednesday, January 18, 2017, first in an express procedure (Ref .: 5 K 4237/16).

After that, a driver from the district of Breisgau-Hochschwarzwald can at least temporarily keep her driver's license. To stem her severe period pain, she takes six to seven days of cannabis each month. Because of "regular cannabis use" wanted the District Office to withdraw the license.

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On appeal and complaint of the woman, the administrative court initially suspended the immediate execution. The lawsuit is likely to succeed in the main proceedings. Because the drug consumption is here "no regular cannabis use in terms of driving license law".

According to established case law, "regular intake" can only be assumed when cannabis use is almost every day (Federal Administrative Court, judgment of 20 September 2009, ref .: 3 C 1.08). Although the woman consumed marijuana throughout the month for about a week and in considerable quantities, she completely abstained from it on the other days. The criminal court found these statements to be credible after consulting an expert.

Therefore, it can not be assumed that she is completely unfit for driving, according to the Freiburg Administrative Court. Their behavior is not comparable to those consuming equal amounts of up to 40 grams per month over the whole month.

There are no indications that the woman is driving her drug during her cannabis use. A driving license withdrawal because of occasional cannabis consumption therefore likewise avoids, so the administrative court concluded in its judgment of 4 January 2017. mwo / fle