Losing your driver’s license is a serious consequence—particularly when reinstatement requires time-consuming and expensive conditions, such as a medical-psychological assessment (MPU). For drivers who lost their licenses before Germany’s partial cannabis legalization in April 2024, or those facing an MPU requirement, the question arises: Does the new legal framework offer a path to license reinstatement?
The legal landscape has fundamentally changed with the partial legalization of cannabis and new THC limits. Historical cases may need reassessment, and MPU requirements could have become disproportionate in certain situations. The Cannabis Act also includes an amnesty provision providing retroactive immunity from prosecution, which significantly affects ongoing criminal proceedings and appeals. However, the legal situation is complex and requires careful case-by-case evaluation.
Schlun & Elseven Rechtsanwälte provides comprehensive legal support in German traffic law, criminal defense, and drug offense cases. Our experts assess whether your case qualifies for reassessment and represent you before the driver’s license authority to achieve the fastest possible license reinstatement.
The New Legal Framework: Cannabis in Road Traffic Since August 2024
Cannabis Legalization in Germany: What Changed in April 2024
With the Cannabis Act (CanG) taking effect on April 1, 2024, possession and consumption of cannabis became legal under specific conditions. Adults may now possess up to 25 grams of cannabis for personal use (Section 3 CanG). In parallel, German traffic law underwent a fundamental revision to address this new reality while maintaining road safety.
The 3.5 ng/ml THC Limit for Drivers
On July 5, 2024, the Federal Council approved a new THC threshold of 3.5 ng/ml in blood serum. This regulation was codified in Section 24a StVG of the Sixth Act Amending the Road Traffic Act and entered into force on August 22, 2024. The 3.5 nanogram THC per milliliter blood serum threshold is based on scientific studies indicating impairment comparable to 0.2–0.3 promille alcohol. Anyone exceeding this limit while operating a vehicle commits an administrative offense under Section 24a para. 2 StVG and faces severe sanctions.
Penalties for Driving Under Cannabis Influence
A first offense carries a €500 fine, two points on your driving record, and a one-month driving ban. Repeat offenders face significantly higher penalties, including fines of up to €3,000 and driving bans of up to three months. If cannabis influence causes traffic endangerment or an accident, criminal charges under Section 316 StGB (impaired driving) may apply, punishable by imprisonment up to five years or monetary penalty. License revocation typically follows.
For more information about German criminal defense procedures, see our guide to criminal proceedings in Germany.
Special Rules for Probationary Drivers and Young Adults
Stricter regulations apply to certain groups. Probationary drivers and persons under 21 must not consume cannabis or drive with any alcohol (0.0 promille limit). Even patients with medical cannabis prescriptions must stay below 3.5 ng/ml THC and may only drive when unimpaired.
Combined Cannabis and Alcohol: Enhanced Penalties
Special caution applies to mixed consumption: simultaneous detection of any THC concentration with alcohol from 0.5 promille results in a minimum €1,000 fine, three Flensburg points, and a one-month driving ban. Repeat offenses or serious cases can lead to license revocation.
MPU Requirements After Cannabis: New Rules Under § 13a FeV
Understanding the Reformed MPU Assessment Framework
With partial legalization, Section 13a of the Driving License Regulation (FeV) was fundamentally revised. This new version precisely defines when the driver’s license authority must order a medical-psychological assessment (MPU). The new regulation shows the legislator’s differentiated approach, distinguishing between various risk levels.
When MPU Is Mandatory: Cannabis Dependence
An MPU is mandatory when diagnosed cannabis dependence exists. Dependence must be established according to recognized medical criteria (currently predominantly ICD-10, future ICD-11), typically through expert medical or psychological evaluation. In such cases, the MPU is unavoidable as fundamental doubts about driving fitness exist.
MPU for Cannabis Misuse: Warning Signs
Even with signs of cannabis misuse, authorities may order an MPU. Both physical and behavioral indicators are considered. Frequency and consumption patterns are decisive. Even without a diagnosed dependence, regular or problematic consumption may suffice to raise doubts about separating use from driving.
Repeat THC Violations: Automatic MPU Trigger
Particularly relevant for many affected individuals is the regulation on repeated traffic violations under cannabis influence. Repeated proven violations of Section 24a StVG – typically by the second offense – trigger an MPU requirement, regardless of measured THC concentration. The legislator assumes repeat violations indicate a fundamental problem separating consumption from driving.
What Doesn’t Trigger an MPU Under New Cannabis Laws
The new regulation clarifies that one-time cannabis consumption without traffic participation, or a single violation with THC concentration slightly above the 3.5 ng/ml threshold, typically does not lead to MPU requirements. However, very high THC levels, additional irregularities, or repeated violations may prompt authorities to order an MPU. The criteria of dependence, misuse, or repeated violations remain decisive. This regulation acknowledges the reality of partial legalization and distinguishes between occasional consumption and problematic patterns. Nevertheless, the principle remains unambiguous: cannabis and active traffic participation are incompatible.
Cannabis Amnesty: Impact on Pending Criminal Proceedings
Retroactive Immunity from Cannabis Prosecution
Of particular significance is the statutory amnesty provision, which substantially affects ongoing criminal proceedings and appeals. Actions legalized by the Cannabis Act are also penalty-free for acts committed before the law took effect. This particularly concerns possession of small quantities for personal use, home cultivation, and acquisition through cultivation associations.
What Cannabis Amnesty Means for Your Case
Retroactive immunity means that already imposed but not fully executed sentences can be remitted. Specifically, imprisonment need not be served, and imposed monetary penalties need not be paid – provided the convicted action is penalty-free under the new law. This regulation leads to the dismissal of numerous ongoing investigations and criminal proceedings.
If you’re facing criminal charges related to cannabis or other drug offenses, our criminal defense attorneys can help you understand your rights under the new amnesty provisions.
Special Rule for Pending Appeals (Section 354a StPO)
Section 354a StPO is particularly relevant for pending appeals. If an appeal was filed against a verdict and the proceedings are not yet concluded, the original verdict must be overturned or, at a minimum, modified to allow new sentencing, insofar as the adjudicated actions are no longer punishable under the Cannabis Act.
Significant Limitation: Completed Sentences Not Eligible
A crucial restriction applies: retroactive immunity applies exclusively to cases where sentences have not been fully executed. Already fully served prison terms or completely paid monetary penalties cannot be retroactively overturned or refunded. Individuals who have already completed their sentences cannot benefit from the new regulation retroactively.
Persons with unfinished criminal proceedings or ongoing appeals are urgently advised to seek legal counsel promptly. Schlun & Elseven Rechtsanwälte examines the applicability of retroactive immunity to your specific case and supports enforcement of associated rights in ongoing proceedings.
Historical Cases: Getting Your License Back Without MPU
No Automatic Review of Driver’s License Revocations
For persons whose licenses were revoked before the legal change or who faced MPU requirements, the question of case reassessment arises. While the Cannabis Act’s criminal amnesty provision provides automatic retroactive immunity for not-yet-executed cannabis offenses, this expressly does not apply to administrative measures by driver’s license authorities.
When Historical Cannabis Cases Qualify for Reassessment
Amendments to the Driving License Regulation through the Cannabis Act do not apply retroactively to already completed administrative proceedings. For license revocations and MPU orders that became legally binding before the new THC thresholds took effect, there is no automatic revocation or statutory transitional provision. New regulations apply exclusively to cases arising after the legal change took effect.
Nevertheless, case law fundamentally recognizes that with fundamental legal changes, historical cases may be reassessed when the original decision appears disproportionate under the new legal framework. Each case requires individual examination, and authorities have discretionary latitude in their decisions. Affected individuals must therefore actively file a reassessment application with the responsible driver’s license authority—automatic license reinstatement does not occur.
Eligibility Criteria: First Offense with Low THC Levels
Reassessment may be considered when it involves a first offense – the first proven traffic violation under cannabis influence without a history of repeated irregularities and without a criminal conviction for traffic endangerment. Additionally, the THC concentration measured at the time must have been only slightly above the former 1.0 ng/ml threshold and fall below the current 3.5 ng/ml threshold under today’s law. Very high THC levels that would still significantly exceed 3.5 ng/ml under the new law and indicate acute intoxication typically preclude reassessment.
No Evidence of Cannabis Problem or Regular Use
An essential prerequisite is that no cannabis problem exists. This means neither cannabis dependence nor signs of abusive consumption may be present. No regular consumption habit may be demonstrable, and any THC-COOH levels (a cannabis metabolite) measured at the time must not have indicated regular consumption.
Finally, the ordered MPU should not yet have been conducted. With an already completed MPU, reassessment possibilities depend on the outcome: if the MPU was passed and the license was newly issued, the case is typically concluded. If the MPU was not passed or not attended, an application for reassessment or license reinstatement without MPU can be filed, provided other prerequisites are met.
The Proportionality Principle in License Cases
The driver’s license authority must observe the prohibition of excessive measures. When an MPU requirement or license revocation occurred under the old legal framework but would no longer be justified —or would be justified only to a lesser extent—under the new law, the measure may have become disproportionate. The authority must then review its original decision and adjust it if necessary. However, discretionary latitude remains, which must be exercised on a case-by-case basis.
Application Deadline: Cases Before April 1, 2024
Anyone believing they could benefit from the legal change should file an informal reassessment application with their responsible driver’s license authority. Only proceedings where the final legally binding administrative decision was issued before April 1, 2024 – when the amended Driving License Regulation took effect – are affected (Higher Administrative Court Lüneburg 2024, case no. 12 PA 27/24).
Required Documentation for Your Application
The application should include all relevant documents: the original license revocation or MPU order notice, blood test results from that time, medical certificates, and, where applicable, evidence of demonstrable abstinence since the incident. The authority then examines, on a case-by-case basis, whether prerequisites for reassessment exist and whether the original measure remains proportionate in light of the changed legal framework.
Legal counsel is strongly recommended in complex cases or when authority is rejected, as administrative court protection may be considered.
Step-by-Step: How to Get Your License Back
Step 1: Document Your Original Cannabis Offense
The path to possible license reinstatement without an MPU requires structured, strategic action. First, the original facts must be precisely captured. This includes when exactly the violation occurred, which THC level was measured, and whether a THC-COOH level was determined that could indicate consumption frequency. Equally important is documenting the measures ordered at the time, such as an MPU or license revocation, and checking whether there is any prior history.
Step 2: Obtain Expert Legal Assessment
On this foundation, a comprehensive legal evaluation by an experienced traffic lawyer follows. Success prospects for reassessment are realistically assessed, and legal argumentation lines are developed. Comparing old and new legal frameworks is as crucial as determining the proportionality of the original measure in light of today’s standards.
Step 3: File Formal Reassessment Application
Upon a positive assessment, a properly completed and legally sound application is filed with the responsible driver’s license authority. Depending on the situation, this may seek revocation of the MPU requirement (if the license still exists) or reinstatement/reissuance of the license without MPU (if revocation has already occurred). The application must contain a comprehensive legal justification and be supported by relevant evidence. The quality of this justification often determines success.
The driver’s license authority examines the application and may agree to MPU revocation, request additional evidence—for example, current drug screenings to prove abstinence—or reject the application and maintain the original decision.
Step 5: Legal Remedies if Your Application Is Rejected
Upon rejection of the authority, further legal options remain. In most federal states, direct lawsuits may be filed with the competent administrative court (direct action). Only Bavaria and North Rhine-Westphalia require an initial objection procedure. The lawsuit seeks to have the MPU requirement or mandate for license reinstatement revoked. Important: the lawsuit deadline is typically 1 month from the date of notice delivery and must be strictly observed, as missing it risks the loss of rights. In urgent cases, emergency legal protection may also be requested. If the authority ordered immediate execution, the suspensive effect may be restored before the administrative court. In particularly exceptional cases, an application for a preliminary injunction may be considered.
Understanding Costs and Realistic Expectations
Affected individuals should be aware that such proceedings involve costs – both for legal counsel and representation, as well as potentially for court proceedings and additional evidence, such as drug screenings. Moreover, an application guarantees no success: authorities and courts examine each case individually, and not every historical case meets the prerequisites for reassessment. A realistic assessment of success prospects by an experienced traffic lawyer is therefore essential.
Schlun & Elseven: Expert Support for License Reinstatement
Our Expertise in German Traffic and Cannabis Law
Schlun & Elseven possesses comprehensive experience in traffic law and license reinstatement following drug violations. Our attorneys understand the complexity of current legal frameworks and have successfully supported numerous clients in regaining their licenses.
In our initial consultation, we analyze your case and provide a realistic assessment of success prospects. We examine whether reassessment is possible and whether revocation of the MPU requirement is enforceable. Additionally, we provide comprehensive advice on retroactive immunity options for unfinished criminal proceedings or pending appeals.
With a favorable prognosis, we handle the professional application filing with the driver’s license authority, coordinate obtaining the required evidence, and handle all communication with the authority. Should the application be rejected, we represent you in objection and lawsuit proceedings. In criminal matters, we support you in asserting your rights under the amnesty provision and represent you in ongoing criminal proceedings and appeals.
Our Commitment to Your Success
Our goal is for you to regain your license as quickly as possible, without unnecessary MPU, provided the legal prerequisites are met. We advocate for your success with dedication and expertise.
Contact us for individual consultation. Together, we’ll develop the best strategy for your situation.
