Written for Business of Cannabis by Prohibition Partners Senior Analyst Alex Khourdaji
In the late evening of 16th May 2024, the Bundestag held its first reading of the first draft law to amend the Consumer Cannabis Act and the Medical Cannabis Act in the Bundestag as well as amendments to the Road Traffic Act.
The Bundestag draft amendments by the Traffic Light Coalition cover cannabis-related traffic regulations, flexibility for the states regarding controls and large cultivation areas of cannabis associations, restrictions on commercial providers, and the implementation of further training programmes for addiction prevention specialists at cannabis associations.
These draft amendments are one of many to come following the government’s ‘protocol statement’ to the federal states that subsequent changes and amendments to the law would be made. This declaration of intent was submitted to stop a mediation committee and facilitate a successful passing of the CanG law during the Bundesrat sitting on March 22, 2024.
New Traffic Rules
The proposed amendments that change the Road Traffic Act are regarding cannabis consumption associated with driving. These amendments aim to have a certain set of rules and fines, similar to alcohol, regarding safe driving and cannabis consumption. Under the draft amendments, the following is proposed:
- A new legal THC limit of 3.5 ng/ml in the blood serum
- Administrative offences for those above the THC limit and alcohol in their system
- A THC ban for novice drivers and those under the age of 21 (similar to alcohol)
- THC limit does not affect those who are prescribed medical cannabis
The upper limit of 3.5ng/m THC in the blood serum was initially proposed by an independent expert panel assigned by the Federal Ministry of Transport.
The expert panel mentioned that the THC limit is comparable to the risk of a blood alcohol concentration of 0.2%. Currently, the legal limit is the detection limit of 1ng/ml of THC in the blood serum which is based on case law.
The goal of this upper limit is to ensure that it only affects drivers who have recently consumed cannabis. However, it must be stated that the level of THC found in the blood serum of an individual is based on the level of regular consumption and their body’s ability to metabolise THC. Thus, in some cases, there will be instances where a driver who regularly consumes cannabis and is not under the influence of cannabis may exceed the 3.5ng/ml limit. To avoid these occurrences, the government suggests that sensitive saliva tests should be used for preliminary screenings as they detect recent consumption.
Additionally, there is a strict ban on THC levels for novice drivers as well as a ban on driving under the mixed influence of alcohol and THC for all drivers.
Included in the proposed amendments are suggested administrative offences in the form of fines and driver licence ban periods. In general, people driving above the legal limit will risk being fined €500 and have their licence revoked for a month. The draft also mentions a framework in which fines can reach €3,000.
To discourage mixed consumption of THC and alcohol, the government proposes that drivers caught with alcohol and THC in their system could face a fine of €1,000 and a month’s revocation of their licence. The fines and penalties increase following repeated offences with fines reaching €5,000.
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New Cannabis Association Rules
In terms of cannabis associations, the proposed amendments focus on the flexibility of federal authorities in terms of cultivation areas and checks, implementing further training for addiction prevention counselors, as well as restricting commercial service providers.
The following proposed draft amendments for cannabis cultivation associations include:
- Federal authorities can grant or refuse permission for cannabis cultivation areas if such an area is located in a structural association or near cultivation areas belonging to other cultivation associations
- Flexibility on the frequency of inspections by the federal authority
- Banning commercial business models that provide bundled service packages where one commercial provider offers energy, rent, equipment etc.
- Further training for addiction prevention counsellors offered by the Federal Center for Health Education
The new proposed changes provide the federal authorities who are governing cannabis associations more flexibility on how they grant permissions as well as how frequently they are required to perform inspections.
However, the new amendments regarding cultivation areas and the banning of bundled service packages have been criticised as they place another set of restrictions on the already stringent constraints cannabis associations have to operate under. A legal report published by the Munich-based administrative law firm Witzel Erb Backu & Partner has recently reviewed the proposed amendments and found that they are problematic and, in some aspects, unconstitutional.
