If you lost your driver’s license in Germany before April 1, 2024, because of cannabis use, you do not get it back automatically. However, partial legalization has changed the standards the driver’s license authority (Fahrerlaubnisbehörde, often called the Führerscheinstelle) applies when it decides on an application for a new license. Since April 1, 2024, Section 13a of the Driving License Regulation (Fahrerlaubnis-Verordnung, FeV) has set out what the authority can require when cannabis use raises doubts about whether someone is fit to drive. Since August 22, 2024, Germany has also had a legal THC limit for drivers of 3.5 ng/ml in blood serum. For many older cases, this means the authority can no longer simply make a new license conditional on a medical-psychological assessment (MPU), the fitness-to-drive evaluation often called the “idiot test” (Idiotentest).

The amnesty for past cannabis convictions does not help with your license. It covers only sentences that have not yet been enforced, and only for conduct that is no longer a criminal or administrative offense today. Measures such as a court-ordered license revocation are expressly excluded. If you want your license back, you need to apply to the authority yourself.

At Schlun & Elseven Rechtsanwälte, our criminal defense lawyers review whether you can get a new license without an MPU. We file the application with the authority and represent you before the administrative court (Verwaltungsgericht) if it is refused. We advise in English and can handle the process remotely. To have your case reviewed, send us the revocation notice and, if you have it, the blood test result from the time.

When Can the Authority Require an MPU after Cannabis Use?

The authority can require an MPU after cannabis use if there are signs of misuse, if you have committed repeated traffic offenses under the influence of cannabis, or if your license was previously revoked for either reason. The rules are set out in Section 13a FeV, which also applies when you apply for a new license after a revocation.

If the facts suggest cannabis dependence, the authority orders a medical report (ärztliches Gutachten). Under Section 13a sentence 1 no. 2 FeV, it orders an MPU if:

• a medical report has found no dependence but signs of cannabis misuse, or other facts point to misuse
• the person has repeatedly committed traffic offenses under the influence of cannabis
• the license was previously revoked for either of these reasons, or
• it needs to be established that misuse or dependence no longer exists.

Offenses that only breach the absolute cannabis ban for new drivers in their probationary period (Probezeit) and drivers under 21 do not count as repeated offenses here. That ban is in Section 24c of the Road Traffic Act (Straßenverkehrsgesetz, StVG).

Annex 4, no. 9.2.1 FeV defines cannabis misuse. It means that a person cannot reliably keep driving separate from cannabis use that could plausibly affect road safety. According to the courts, this effect is present from 3.5 ng/ml THC in blood serum. However, a single drive under the influence of cannabis is not enough on its own to establish misuse. There must also be circumstances suggesting the person is likely to do it again. These can come from their driving history, the circumstances of the drive, or signs that they are unwilling to keep cannabis use and driving apart. Frequent or habitual use can count as one of these circumstances.

In one case, the Higher Administrative Court for North Rhine-Westphalia (Oberverwaltungsgericht, OVG NRW) upheld an MPU order after a single drive with 11 ng/ml THC. The court found that the level showed the driver had used cannabis shortly before driving, and that the absence of any signs of impairment despite this level pointed to tolerance (OVG NRW, decision of December 15, 2025, case no. 16 B 552/25).

For older cases, the key provision is Section 13a sentence 1 no. 2(c) FeV. It provides for an MPU before a new license is issued if the earlier revocation was based on cannabis misuse or on repeated traffic offenses under the influence of cannabis. Whether your earlier revocation falls into either category is therefore the decisive question.

Lost Your License before April 2024: Can You Get a New One?

Yes. You can apply for a new license, and in many older cases the authority can no longer insist on an MPU. The amnesty under the Cannabis Act (Cannabisgesetz, CanG) waives criminal sentences that have not yet been enforced, but it does not apply to measures taken by driver’s license authorities. A revocation that became final before April 1, 2024 (bestandskräftig, meaning it can no longer be challenged) therefore remains in effect. The way back is an application for a new license. Under Section 20(1) sentence 1 FeV, the same rules apply as for a first-time license. If your license was revoked with a waiting period (Sperrfrist), for example by a criminal court, you can apply no earlier than six months before that period ends (Section 20(4) FeV).

The Administrative Court of Munich (Verwaltungsgericht München) has ruled on a typical case. The license had been revoked under the old law after a drive with 1.0 ng/ml THC, the threshold the courts applied at the time, because the driver had not submitted an assessment the authority had ordered. The revocation was based neither on cannabis misuse as the term is now defined nor on repeated offenses. The court therefore held that the authority could not make the new license conditional on an MPU (VG München, judgment of March 17, 2025, case no. M 19 K 24.4224).

The Administrative Court of Arnsberg confirmed this approach in 2026. In that case, the license had been revoked after a drive with 13 ng/ml THC, again because the driver had not submitted an assessment ordered under the old law. The court ordered the authority to issue a new license without an MPU, because there were no additional indications of cannabis misuse as the term is now defined (VG Arnsberg, judgment of August 13, 2026, case no. 6 K 4861/24).

Every case is still decided individually, and the outcome depends mainly on why the license was revoked. Your position is stronger if the license was revoked only because of a single drive under the influence of THC, or because you did not submit an assessment the authority had ordered. The situation is different if there was cannabis misuse as the term is now defined, if several traffic offenses under the influence of cannabis are on record, or if there are signs of dependence. In those cases, the authority will still require an assessment.

Include all relevant documents with your application: the original revocation notice or MPU order, the blood test results from the time, any medical certificates, and, if available, evidence that your cannabis use has changed since the incident.

If You Now Hold a Foreign License or Live Abroad

A foreign license does not simply replace the German one. An EU driver’s license issued after a German revocation is generally not valid for driving in Germany (Section 28(4) sentence 1 no. 3 FeV). A new German license can also generally only be issued to someone whose ordinary residence is in Germany (Section 7(1) FeV). Our lawyers advise on these cross-border situations as part of their review of your case.

How to Apply for a New License: Step by Step

Step 1: Gather the Facts of Your Original Case

First, establish exactly what happened in the original case: when the offense took place, what THC level was measured, and whether a THC-COOH level was also measured. THC-COOH is a breakdown product of THC that can indicate how often someone uses cannabis. Gather the documents on the measures ordered at the time, such as an MPU order or a revocation notice, and note any previous traffic or drug offenses.

Step 2: Have Your Case Reviewed by a Lawyer

Our lawyers then review your case, give you a realistic view of your chances, and develop the legal arguments. The key is comparing the old and new law, and in particular the grounds on which the earlier revocation was based. We can carry out this review remotely, so you do not need to be in Germany.

Step 3: File the Application

If our review is positive, we file an application with your local driver’s license authority, asking for a new license without an MPU. The application needs a sound legal justification supported by relevant evidence, and the quality of this justification often determines whether it succeeds. We also handle all correspondence with the authority, which takes place in German.

Step 4: Wait for the Authority’s Decision

The authority can issue a new license without an assessment, ask for further documents, order an assessment, or refuse the application.

Step 5: Challenge a Refusal in Court

If the authority refuses to issue a new license, you can bring an action before the administrative court asking it to order the authority to issue the license. Whether you first need to file an objection (Widerspruch) with the authority depends on the federal state. In North Rhine-Westphalia, where our offices are based, an objection is generally not required (Section 110(1) sentence 2 of the Justice Act of North Rhine-Westphalia, JustG NRW). The action must be filed within one month. The deadline runs from notification of the decision or, if there is an objection procedure, from service of the decision on the objection (Section 74 of the Code of Administrative Court Procedure, Verwaltungsgerichtsordnung, VwGO).

In urgent cases, you can also apply for interim relief. If the authority is revoking your license now and has ordered immediate enforcement, you can ask the administrative court to suspend the revocation until it has decided the case.

Costs and Prospects of Success

Proceedings like this involve costs for legal advice and representation and, where applicable, for court proceedings and additional evidence such as drug screenings. An application is also no guarantee of success, as not every older case meets the requirements for a new license. A realistic evaluation of your chances by an experienced lawyer is therefore essential.

The Current Law: What Are the Rules on Cannabis and Driving in Germany?

Since August 22, 2024, it has been an administrative offense (Ordnungswidrigkeit) to drive with 3.5 ng/ml THC or more in blood serum. An administrative offense is punishable by a fine but is not a crime (Section 24a(1a) StVG). According to experts, this limit indicates impairment comparable to a blood alcohol level of 0.2 per mille (0.02% BAC). The rules on driving were revised after the Cannabis Act came into force on April 1, 2024, and legalized the possession and use of cannabis under certain conditions. Since then, adults have been allowed to possess up to 25 grams of cannabis for personal use (Section 3(1) of the Consumer Cannabis Act, Konsumcannabisgesetz, KCanG).

A first offense carries a €500 fine, two points in the driver fitness register (Fahreignungsregister) in Flensburg, and a one-month driving ban, plus fees. A driving ban (Fahrverbot) is temporary, unlike a revocation, after which you must apply for a new license. If there is already an entry in the register for an earlier drive under the influence of alcohol or drugs, the standard fine rises to €1,000 with a three-month ban, and with several earlier entries to €1,500. The maximum fine is €3,000.

If cannabis use leaves a driver unable to drive safely, this may be a criminal offense under Section 316 of the German Criminal Code (Strafgesetzbuch, StGB), punishable by up to one year in prison or a fine. If other people or other people’s property of significant value are endangered as a result, Section 315c StGB applies, with up to five years in prison or a fine. In these cases, the court may also revoke the license. A criminal conviction can also affect a residence permit or a naturalization application. Where your residence status is at stake, our criminal defense lawyers work together with our immigration lawyers.

An absolute ban applies to new drivers in their probationary period and drivers under 21. They must not consume alcohol or THC while driving, or start driving while under the influence of either (Section 24c(1) StVG). A breach carries a €250 fine and one point. The ban does not cover cannabis use that has no connection with driving.

Patients who take cannabis on prescription are exempt from Section 24a(1a) StVG if the THC comes from a medicine taken as prescribed for a specific medical condition (Section 24a(4) StVG). This exemption applies only to the administrative offense, not to the criminal offenses described above. The authority can also review the fitness to drive of someone in long-term treatment with cannabis (see Federal Administrative Court, Bundesverwaltungsgericht, BVerwG, decision of January 8, 2025, case no. 3 B 2.24).

Anyone who drives with 3.5 ng/ml THC or more and has also drunk alcohol, or starts driving under its influence, commits an administrative offense under Section 24a(2a) StVG. This carries a €1,000 fine, two points, and a one-month driving ban, with higher penalties for repeat offenses. The maximum fine is €5,000 (Section 24a(3) StVG).

The Cannabis Amnesty: Waived Sentences and Pending Criminal Cases

Sentences under the Narcotics Act (Betäubungsmittelgesetz, BtMG) imposed before April 1, 2024, are waived to the extent that they have not yet been enforced. This applies only if the conduct is no longer a criminal offense under the new law and is not subject to a fine either (Article 316p together with Article 313(1) sentence 1 of the Introductory Act to the Criminal Code, Einführungsgesetz zum Strafgesetzbuch, EGStGB). Article 313(1) sentence 2 EGStGB expressly excludes measures of rehabilitation and security (Maßregeln der Besserung und Sicherung), which courts order to protect the public. These include the revocation of a driver’s license (Section 61 no. 5 StGB).

For offenses on which no final decision had been made by April 1, 2024, the most lenient law applies (Section 2(3) StGB). If the conduct is no longer a criminal offense under the new law, it cannot be punished. This also applies to appeals on points of law (Revision): the appeal court takes into account a change in the law that came into force after the judgment under appeal (Section 354a of the Code of Criminal Procedure, Strafprozessordnung, StPO).

If you are affected by ongoing criminal proceedings, a pending appeal, or a cannabis-related sentence that has not yet been enforced, it is worth having a lawyer check whether the new rules apply in your case. Our criminal defense lawyers check this against the case file and represent you before the public prosecutor’s office (Staatsanwaltschaft) and the court.

How Can Our Lawyers Help You Get Your License Back?

At Schlun & Elseven Rechtsanwälte, our lawyers support you throughout an application for a new license, from inspecting the authority’s file to court proceedings. Our criminal defense team handles ongoing fine and criminal proceedings. Our services in this area include:

• reviewing the revocation notice and the authority’s file to establish whether an MPU can still be required under Section 13a FeV
• applying to the driver’s license authority for a new license
• representing you before the administrative court
• defending you in criminal and fine proceedings involving cannabis and driving

In an initial consultation, we use the revocation notice to review whether you could get a new license without an MPU, and we explain the next steps.