THC not only floods our brain with dopamine, but makes our reaction times slower, impairs our ability to process multiple inputs (for example keeping track of traffic lights, road signs, pedestrians crossing the street, and other cars on the road), and gives us a false confidence in our abilities. The biggest danger, however comes from the difficulty in keeping a straight course while driving. Swaying across lane divisions is a particular challenge when driving under the influence of cannabis.
While the effects of cannabis on driving continue to be debated, making prosecution and legislation difficult, cannabis is the most prevalent illicit drug identified among impaired drivers. Nearly two thirds of US trauma center admissions are due to motor vehicle accidents with almost 60% of such patients testing positive for drugs or alcohol.
a patient who takes medically prescribed cannabis according to the doctor's instructions does not commit an administrative offence even when exceeding the THC threshold
Multiple studies have shown how consuming cannabis doubles the crash risk, with the most dangerous time to drive being in the first 2 hours after consumption. Even after this initial period, however, the risk doesn’t drop below acceptable levels and experts suggest waiting between 5 and 10 hours before driving, with the variability depending on individual tolerance and amount of THC consumed.
Interestingly, smoking and vaping make the THC effects appear quicker, but these effects last less than if the cannabis is ingested: in one study, the risk of injury was 7 times higher within 1 hour of smoking but only about 2 times higher within 2 hours.
The law in Germany is clear on the consumption of cannabis and driving: more than 3.5 ng/ml of THC in the blood is an offense which can lead to monetary fines, points on the driving license, and even prison time in cases of accidents or being a danger on the road.
3.5 ng/ml of THC in the blood is a cautious limit which is easily surpassed with just a few puffs of a joint. The exact effects depend of the amount of THC in the strain being consumed and if the consumer is a regular smoker or an occasional one.
Ilya CC BY-SA 2.0A first offence usually means a €500 fine, two points on the driving license and a one month driving ban. With prior offences, the fine rises to €1,000 and then to €1,500, and the ban to three months. Consuming alcohol on top of 3.5 ng/ml THC means a €1,000 fine, two points and a one month ban for a first offence.
Driving while demonstrably impaired can trigger criminal liability under §316 StGB even if the THC content is below 3.5 ng/ml if it’s established there’s an inability to drive safely due to intoxication. Criminal liability can also arise where intoxicated driving creates a concrete danger to people or valuable property.
Importantly, a patient who takes medically prescribed cannabis according to the doctor's instructions does not commit an administrative offence even when exceeding the THC threshold. The prescription must be genuine and the medication used as prescribed: simply possessing a prescription does not provide a blank exemption.
Needless to say that the driver must still be fit to drive: if cannabis impairs the driver's ability to operate a vehicle safely, criminal liability under §316 StGB or §315c StGB can still arise.
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