The German Cannabis Business Associatio

2026-08-13 | A cannabis patient suffering from rheumatism has withdrawn his lawsuit against the withdrawal of his driving licence before the Munich Administrative Court, reports the  Tagesspiegel. Although he invoked the medicinal-use exemption, the court considered the decision of the licensing authority to be lawful on the basis of an unfavourable expert assessment. The assessment had found the man unfit to drive due to varying THC doses and an incomplete treatment stabilisation phase. Following clear indications from the judge, the claimant withdrew the action and must now bear the costs and submit a new application.

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Medical cannabis and road traffic: Court imposes strict requirements on prescriptions
A driver cannot invoke the medicinal-use exemption when driving under the influence of THC if the dosage instructions on the prescription are unclear or overly general. According to a  court decision by the Bavarian Higher Regional Court (BayObLG; 1 ObOWi 401/26), Section 24a(4) of the German Road Traffic Act requires a clearly defined prescription in order to prevent misuse. Since the prescribed quantity did not correspond to the intervals between prescriptions and the individual was able to determine consumption independently, the court found that the cannabis had not been used as prescribed. Any ambiguity in the prescription was held against the driver, who was considered responsible for consulting the treating physician about the exact dosage before driving.