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.
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.
| Procedure | Norm | Does the exception protect you? |
|---|---|---|
| Administrative offence for exceeding the limit | § 24a StVG | Yes, where the medicine is taken as directed under a medical prescription |
| Criminal offence where the driver is in fact unfit to drive | §§ 315c, 316 StGB | No |
| Withdrawal of the driving licence by the authority | §§ 13a, 14 FeV | No — 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