Recently published results from the evaluation of the CanG (Cannabis Act) clearly demonstrated that partial decriminalization of cannabis has not led to an increase in traffic accidents.
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In fact, data from the German Federal Statistical Office showed a decline in both injuries and fatalities on German roads in 2024. Nevertheless, cannabis consumers and increasingly cannabis patients remain targets for disproportionate sanctions. The TÜV is currently calling for significant tightening of road traffic regulations and has also criticized online cannabis commerce.
Misuse of Medical Exemptions
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The TÜV characterizes online prescriptions as a misuse of medical cannabis and demands that this loophole be closed. In doing so, it references the draft legislation from Nina Warken, which was recently adopted by the federal cabinet. In a press release, the TÜV points out that high-THC cannabis flowers are primarily prescribed and describes this as abusive recreational use. Conversely, prescriptions for finished cannabis-based pharmaceuticals have declined. The medical exemption privilege is particularly criticized—it does not automatically exclude patients from road traffic when taking cannabis as directed, provided there are no signs of impairment.
In such cases, the THC threshold of 3.5 ng/ml does not automatically apply as long as no impairment is evident. However, what is overlooked once again is the fact that the current situation is a result of the lack of specialized retail outlets. If specialized cannabis shops existed, the detour through online pharmacies would no longer be necessary. The number of road users who cannot be prosecuted for exceeding the threshold due to the medical exemption would be drastically reduced. Incidentally, this would also eliminate the still-existing black market within a very short time.
Existing harassment of cultivation associations also contributes to online pharmacies becoming an important source of supply. The evaluation showed that less than 0.1% of demand can be met through cultivation associations. A ban on online prescriptions would drastically worsen patient care and push recreational consumers toward the black market.
Mandatory Fitness Assessments Demanded for First Offenses
Fani Zaneta, the TÜV’s road safety officer, considers raising the THC threshold to 3.5 ng/ml a traffic policy error. She demands mandatory medical/psychological fitness assessments (MPU) for first-time violations. Mixed consumption with alcohol should also be strictly prohibited and appropriately sanctioned. However, this demand is impractical: this tightening would result in people being unjustifiably sent for fitness assessments who carry inactive THC metabolites from past consumption alongside permitted alcohol amounts.
Critical Review of Driving Fitness for Cannabis Patients
In the TÜV’s view, many patients are confirmed by the medical exemption privilege in believing they are unrestricted in their driving ability. Therefore, a driving fitness examination is recommended for patients taking cannabis as regular medication. For professional drivers, this examination should be mandatory. This assessment must not be conducted by the treating physician.
This evaluation should include not only an assessment of driving fitness but also possible therapeutic alternatives beyond cannabis. Specifically, it should avoid neglecting other therapeutic options. Furthermore, an awareness campaign should be launched to point out that cannabis patients are not automatically deemed fit to drive.
Sollten Cannabispatienten strenger kontrolliert werden im Straßenverkehr?
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