While in Italy driving under the influence of drugs such asUsing marijuana while driving is strictly prohibited and carries serious consequencesGermany makes marijuana use legal while driving. What are the risks in Italy for those who drive after smoking marijuana? Article 187 of the Italian Highway Code punishes those who drive while under the influence of psycho-physical drugs, including marijuana. Let’s see what the law says in Germany.
Legal Marijuana in Germany While Driving (Limits)
There Germanya country with motorway sections with no maximum speed limits, is going against the trend and allows there driving under the influence of marijuanabut at the same time with many restrictions to know about, here’s which ones.
Even though Germany has legalized marijuana while driving, it has also always placed severe restrictions on it.or for those who have held a driving licence for more than two years or are over 21 years of agecan drive with less than 3.5 nanograms of tetrahydrocannabinol (i.e. THC, that psychoactive component of the cannabis plant) per milliliter of serum – that is, approximately 1.8 ng/ml of blood. Above this threshold a is expected fine of 500 euros and suspension of the license for one month. Drivers are checked with saliva tests and, if necessary, with blood tests.
The German traffic code, until recently, only provided a limit for alcohol consumption, now it has also been implemented for marijuana consumption. However, driving under the influence of marijuana and alcohol at the same time is prohibited, in which case the fine is 1,000 euros.
Legalizing Marijuana While Driving: Two Sides of the Same Coin
The threshold set was determined by a commission of experts, who are convinced that there are no negative consequences related to road safety.
However, there is no scientific research that proves that marijuana is harmless when it comes to driving and having quick reflexes. Therefore, we do not know if the substances in cannabis, entering the central nervous system, modify its function, thus reducing attention.
Taking Marijuana While Driving in Italy (PROHIBITED)
In Italy, the use of any kind of narcotic substance while driving is strictly forbidden. In all fairness, the Italian Highway Code, specifically in article 187absolutely prohibits what has been said above. In fact, the following can be deduced from this article:
“Anyone who drives while under the influence of psycho-physical influence after having taken narcotic or psychotropic substances shall be punished with a fine of between €1,500 and €6,000 and imprisonment for between six months and one year. The ascertainment of the crime shall in any case result in the accessory administrative sanction of suspension of the driving licence for between one and two years. If the vehicle belongs to a person not involved in the crime, the duration of the suspension of the driving licence shall be doubled. For drivers referred to in paragraph 1 of Article 186-bis, the sanctions referred to in the first and second periods of this paragraph shall be increased by between one third and one half. The provisions of paragraph 4 of Article 186-bis shall apply.
The driving license is always revoked, pursuant to Chapter II, Section II, of Title VI, when the crime is committed by one of the drivers referred to in letter d) of the aforementioned paragraph 1 of Article 186-bis, or in the event of a repeat offence within three years. With the sentence of conviction or application of the penalty at the request of the parties, even if the conditional suspension of the penalty has been applied, the confiscation of the vehicle with which the crime was committed is always ordered, unless the vehicle itself belongs to a person not involved in the crime. For the purposes of seizure, the provisions of Article 224-ter apply…“
In summary, for the imposition of the sanction (characterized by several factors, including a fine of 1500 euros), a clinical evaluation of the conditions is carried out, also based on the concentration of THC in the blood.Article 186instead, sets the maximum alcohol limit at half a gram per litre of blood, characterised by a zero tolerance for young drivers and those who drive professionally – 186-bis -.
Driving under the influence of marijuana, clarifications from a qualified person
Aldo Polettini, associate professor of Forensic Toxicology at the Department of Diagnostics and Public Health of the University of Verona, said:
“It is appropriate that a THC concentration limit has been set in Germany: it allows the prohibition of driving a vehicle to be objectively established. In Italy this limit does not exist and the version currently in force is a source of litigation: the clinical evaluation of the state of alteration based also on the blood concentration of THC is subject to numerous variables, and the judge does not have objective tools to establish the violation of the law. A bill is being discussed in Parliament that provides for the modification of article 187 of the Highway Code: a fine if the non-invasive qualitative tests or tests carried out by the Traffic Police reveal that the driver is positive for the use of narcotic substances, even if the concentration limits of THC and other substances in the blood have not yet been defined. Therefore, our country is also moving in the direction of an objective definition of the crime. It remains to be seen whether these limits will be identified in the light of scientific assessments, as Germany has done.“.
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