Germany: Higher Regional Court overturns driving ban for cannabis use 

German Cannabis Business Association

 

09/12/2024 | The Oldenburg Higher Regional Court (OLG) has acquitted a 40-year-old man of the charge of driving under the influence of cannabis and thus lifted a three-month driving ban.

The man had originally been sentenced to a fine of 1,000 euros and a driving ban by Papenburg District Court because he was found to have a THC level of 1.3 ng/ml in his blood. This exceeded the then applicable limit of 1.0 ng/ml.

As beck-aktuell reports, the acquittal was due to a change in the law that came into force on August 22, 2024 and raised the limit for driving under the influence of cannabis to 3.5 ng/ml. As this change took place between the judgment of the district court and the decision of the Higher Regional Court, it had to be taken into account in favor of the person concerned in accordance with Section 4 (3) OWiG.

This decision shows the practical effects of the new cannabis regulations in road traffic. The new limit of 3.5 ng/ml applies to drivers, while there is an absolute ban on cannabis at the wheel for novice drivers and people under the age of 21. Read more on this topic at Legal Tribune Online.

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