In 1 BvR 2652/03, the Federal Constitutional Court overturned a cannabis driving fine and driving ban and remanded the case. The lower courts had relied on THC below 0.5 nanograms per millilitre without distinguishing detection from a possible effect on driving. The Court required a concentration capable of supporting the statutory assumption of an abstract traffic danger and discussed the then-used 1 nanogram threshold. This limited trace-only findings under the existing traffic offence; it was neither a general guarantee of safe driving nor the later statutory THC limit.[1]
Listed for context. No score change is recorded for Germany here.
References
- Germany Federal Constitutional Court — decision 1 BvR 2652/03 of 21 December 2004Operative quashing and remand; paragraphs 24–32 distinguish trace detection, effect and the contemporary threshold evidencearchived
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