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On the road after cannabis use – what actually applies? And how does that work with CBD hemp? Unlike alcohol, the rules that apply to cannabis on the road are not yet part of general knowledge in Switzerland. While there are well-known principles (“No drugs behind the wheel”). However, these are moderately helpful when it comes to concrete everyday situations.
The most important in a nutshell
- Autofahren mit THC im Blut (>1.5ng/mL) ist stark illegal.
- Der vereinzelte Konsum von CBD-Hanf führt zu THC-Werten von weniger als 1.5ng/mL und ist daher rechtlich kein Problem. Trotzdem kann selbst wenig CBD-Hanf zu einem positiven Drogenschnelltest führen und ein mühsames Verfahren auslösen. Bei regelmässigem Konsum von CBD-Hanf ist es gut möglich, dass der THC-Gehalt im Blut über die 1.5ng/mL steigt.Eine THC-Konzentration von 3-4.1 ng/mL beeinflusst die Fahrfähigkeit in etwa gleich stark wie 0,5‰ Alkohol.
- Das Unfallrisiko ist besonders in der ersten Stunde nach dem Konsum von THC-haltigem Cannabis grösser.
- Der Mischkonsum von THC und Alkohol verschlechtert die Fahrfähigkeit besonders stark.
The current THC limit for road traffic
The law sets a THC limit of 1.5 ng/mL (1.5 nanograms of THC per milliliter of blood) in road traffic. That makes everything clear, doesn’t it? Of course not. To understand the whole situation, we need to backtrack a bit.
The limit value of 1.5ng/mL is an “analytical limit value”. Thus, it does not matter whether or not the ability to drive was actually impaired. It is true that in the case of alcohol, too, the number of promillas is simply measured and not tested to see whether the person is driving dangerously because of it. However, the two limits are fundamentally different: 0.5‰ alcohol in the blood is considered a level above which the ability to drive decreases significantly. This limit has been established with numerous scientific studies. The THC limit, on the other hand, is relatively arbitrary. It is high enough that the measuring instruments can be relied upon – but so low that it amounts to de facto zero tolerance. This means that if a person has consumed THC, this value is always exceeded. And it remains exceeded even after the actual effect in the body has already ceased.
Why is there zero tolerance?
There are various justifications for the different rules for alcohol and cannabis. One argument is based on the fact that cannabis use is illegal anyway – and therefore zero tolerance is appropriate. Since there is already a possibility to punish cannabis users with the narcotics law, this argumentation is quite absurd.
Another line of argument is based on the fact that it is not possible to set a fair limit. Because especially with cannabis, the differences in the mode of action are huge. What active ingredients were present in the variety consumed? Was it a variety with a lot or little THC? Does the person use cannabis regularly or was it a spontaneous use? Was only THC consumed or also alcohol? How quickly does this specific person’s body break down THC? These and many more factors influence the impact of THC on driving ability.
Last but not least, unlike alcohol, in an illegal cannabis market it is simply not possible for consumers to know the THC content of the strain they are consuming. And since cannabis can be consumed in a variety of ways, no general “guideline” values can be established, as is done with a glass of wine or a bottle of beer. Consumers would almost have to have their blood analyzed to know if they now have too much THC in their blood.
Why zero tolerance does not work
In practice, this zero tolerance does not prove itself at all. People who are not a danger to road traffic are traveling illegally. Be it because they use cannabis regularly and therefore actually live constantly with a THC concentration of more than 1.5ng/mL or because a rapid drug test by the police could not distinguish between CBD hemp and THC-containing cannabis.
Especially in the case of regular cannabis use, THC remains detectable even after the effect has long passed. If cannabis is used infrequently, 6h should usually be sufficient for the THC level in the blood to fall back below 1.5ng/mL. In the case of regular consumption, however, the value would only fall below 1.5 again after a break of several days. So even if there is a night’s sleep or even more time between the joint and the car ride, driving is illegal for regular users.
As mentioned above, zero tolerance offers problems not only in relation to currently illegal cannabis, but also in the consumption of CBD hemp. In Switzerland, CBD hemp is allowed to contain up to 1% THC. This is usually not enough for a THC content of 1.5ng/mL in the blood. It can happen, however, that a rapid drug test by the police comes out positive. From this point on, a complex procedure begins with blood & urine tests, possibly a provisional suspension of the driver’s license and, as a case from practice shows, even with high procedural costs.
Solutions for the regulation of THC in road traffic
The current rules for cannabis on the road are already unsatisfactory. They are even less suitable for a society with a regulated cannabis market. With the current rules, one would have to choose either cannabis or driving – a combination would simply not be possible. So, at the latest in the context of cannabis legalization, no matter what form it takes, something has to change. Current findings on the actual relationship between THC concentration in the blood and driving ability provide clues. A look at other countries can also help.
Current knowledge about THC and driving ability
A study commissioned by the FOPH examined the issue of THC in road traffic. For theTHC concentration in the blood, they came to the following results: At 1-2.5ng/mL there are first impairments. Only at 3-4.1ng/mL are the limitations of coordination and reaction comparable to 0.5‰ alcohol. In fact, cannabis users with 5ng/mL or more are involved in more accidents.
So THC does indeed have a not insignificant impact on driving ability. However, as with alcohol, the effect depends on the dose.
Another revealing result of the study: In the first hour, consumers were more often involved in accidents. After 2 to 4 hours, the risk decreases again significantly.
It is true that too high a THC content also worsens the ability to react and the coordination behind the wheel. Unlike alcohol, however, cannabis does not promote risk-taking – a pretty significant difference for road safety….
However, it is important to note for all cannabis users that mixed use of cannabis and alcohol massively impairs the ability to drive. Even if a beer alone as well as a single joint is not yet too big a risk, both together make driving a very dangerous thing.
Legislation in other states
In Europe alone, there are many different ways of dealing with THC on the road. Sweden, Spain and Slovenia have a hard zero tolerance, which goes even further than the regulation in Switzerland. There, the values are so low that presumably caution is already required when consuming CBD hemp that is legal in Switzerland.
In Germany, France, Belgium and some other countries, a system similar to that in Switzerland is being implemented. True, there is a small tolerance range. However, this has no direct connection with the proven inability to drive, but corresponds to what can be measured without doubt.
Great Britain, Portugal, Poland and the Czech Republic have set the limits at 2 or 3 ng/mL where the influence on driving ability is actually present.
The rules in Norway and the Netherlands are somewhat more specific. In Norway, the penalties imposed differ depending on the THC concentration in the blood. In the Netherlands, a distinction is made between the use of cannabis and the mixed use of cannabis and alcohol, with mixed use being punished more severely.
And beware: just because there are no official limits in many countries (Italy, Austria, Baltic States, …) does not mean that there are no penalties. As a rule, the penalties there are simply based on the Narcotics Act.
What’s next in Switzerland?
It is still unclear how Swiss politicians intend to solve the issue of cannabis in road traffic in the future. The aforementioned study was commissioned as part of the pilot projects. So at least it was recognized that the current solution was no good. The study describes three scenarios for the future. Either the policy is stubborn and the current limit value is maintained. If the limit is to be changed, it will most likely be raised to 3 ng/mL as in other countries. This would create a counterpart to the 0.5‰. However, it is also conceivable that Switzerland will take inspiration from Norway and not only define a limit value, but also introduce a gradation with penalties of varying severity. The Netherlands, with its own rules for mixed consumption of alcohol and cannabis, could also serve as an inspiration.
But it will be a while before anything actually changes. Presumably, the issue will be addressed when the cannabis law, which is to emerge from PI Siegenthaler, is also being negotiated in the Federal Parliament.