Revoking a driving licence in Germany is a particularly drastic and stressful measure for those affected. It is especially the case when time-consuming and costly conditions – such as the completion of a medical-psychological examination (a so-called “MPU”) – are attached to its reinstatement. Drivers who have had their driving licence revoked in Germany due to cannabis use may now be entitled to have it returned under certain conditions – due to the recent partial legalisation of cannabis in Germany. However, to be able to correctly assess the chances here, it is necessary to have a solid knowledge of the current amnesty regulations and official practices of German authorities.

In this context, the lawyers at Schlun & Elseven Rechtsanwälte offer comprehensive support in German traffic and criminal defence law and cases of narcotics offences. Let our experts review whether an amnesty is possible in your particular case. If the conditions are met, we will provide you with the necessary representation to get your driving licence back as quickly as possible.

You can contact our law office anytime if you have a particular issue or legal question concerning German criminal defence law. Our German lawyers can be reached by phone and email and provide video conferencing options. For further information on German citizenship law, please visit our German criminal defence law homepage.

Legalisation of Cannabis Use in Germany | Effects on Traffic Law

The partial legalisation of private cannabis possession and consumption in Germany has also raised the question of the extent to which adjustments need to be made to driving and traffic law in this context. Until now, the old version of Section 14 of the German Driving Licence Ordinance (FeV) stipulated that an MPU was to be ordered in most cases if cannabis consumption was detected above a value of 1.0 nanogram per millilitre of blood serum, especially if the blood values indicated occasional rather than one-off consumption.

A new version of Section 13a FeV now regulates the circumstances under which an MPU will be required in future. According to this, an MPU is only to be ordered by the driving licence authority if

  • there is a cannabis dependency,
  • there are other indications of cannabis abuse and/or
  • if repeated offences have been committed in road traffic under the influence of cannabis.

Amnesty in the Event of Driving Licence Withdrawal: The Requirements

The amnesty regulations around driving licence withdrawal due to cannabis use in Germany are provisions that make it possible, under certain conditions, to get back a driving licence that has already been withdrawn or to avert an imminent withdrawal. The decisive factor for granting an amnesty is that the past offence may no longer be punishable under the new legal provisions.

What Conditions must be Met for an Amnesty?

An amnesty can only be considered under strict conditions. As follows from Section 13a FeV, the driver must not be addicted to cannabis, nor must there be any signs of cannabis abuse. In addition, the offence in question must be the first offence in road traffic under the influence of cannabis. In addition, the THC-COOH value must have been below 150 ng/ml.


Looking to the Future: New Limits for Cannabis in Road Traffic

In July 2024, the German Federal Council (Bundesrat) passed a law passed by the House of Representatives (Bundestag) that sets a limit value of 3.5 ng/ml. This increased limit is standardised in a new version of Section 24a of the Road Traffic Act (StVG). An exception applies to people who consume medicinal cannabis on prescription. However, there is an absolute ban on cannabis and alcohol for under-21-year-olds and drivers on probation.

Particular caution is also required when consuming alcohol. The new version of Section 24a StVG stipulates that drivers who have more than 3.5 ng/ml THC in their blood and are also under the influence of alcohol commit an administrative offence punishable by a fine of up to 5,000 euros.


How We Can Help You Regain Your Driving Licence

Our lawyers are available for a comprehensive consultation to analyse your specific case and check whether an amnesty is possible. If you are still in possession of your driving licence, we will take all necessary steps to ensure that the order for an MPU is lifted and you can keep it. If you have already surrendered your driving licence, we will endeavour to ensure that you regain it as quickly as possible without having to undergo an MPU.

In the event of an application for an amnesty, we will take over the necessary correspondence with the relevant driving licence authority and represent your interests to ensure a smooth process. Contact us today to find out more about our legal services.