Law and everyday life · Germany

Driving with a cannabis prescription in Germany

Patients are exempt from the THC limit — but not from criminal liability if they are in fact unfit to drive.

§ 24a Abs. 4 StVG exempts use as directed under a medical prescription from the administrative offence. §§ 315c/316 StGB and the driving licence authority (§§ 13a, 14 FeV) are untouched by it.

Source: § 24a StVG · checked 4 September 2026

Three procedures that know nothing of each other

The commonest mistake is to take the medical exemption for a free pass. It concerns one procedure out of three.

ProcedureNormDoes the exception protect you?
Administrative offence for exceeding the limit§ 24a StVGYes, where the medicine is taken as directed under a medical prescription
Criminal offence where the driver is in fact unfit to drive§§ 315c, 316 StGBNo
Withdrawal of the driving licence by the authority§§ 13a, 14 FeVNo — a separate procedure with its own standards

Where the exception fails in practice

Not on the prescription as such, but on the question of use as directed. Higher-court decisions from 2026 — among them the Bayerisches Oberstes Landesgericht of 12 June 2026 and the OLG Brandenburg of 30 July 2026 — turn on exactly that: whether the preparation was in fact taken as prescribed, whether the prescription is documented, and whether it was in force at the time of driving. What follows in practice:

  • Carry the prescription or the pharmacy label bearing your name.
  • Keep to the prescribed dosage and be able to document it — “as much as needed” is, in case of doubt, not use as directed.
  • A short medical certificate confirming the ongoing therapy costs little and saves weeks if it comes to it.
  • Do not drive during the onset phase, and not during titration while the dose is still being changed.

This is not legal advice. If proceedings are under way, a solicitor specialising in road traffic law is the right address — not a forum, and not this page.

Read on

The full guide to the medical exemption · How it looks in Austria · How it looks in Switzerland