VGH Mannheim: Driving suitability is then generally excluded
The permission to buy medicinal cannabis in the pharmacy is not a license for further cannabis use. For example, "suitability for driving is excluded" if a driver also consumes significant amounts of illegally procured cannabis, as the Administrative Court (VGH) Baden-Württemberg in Mannheim decided in a decision published on Tuesday, February 14, 2017 (ref .: 10 S 1503/16).
He thus rejected a Hartz IV recipient. He has been using cannabis since he was 14, but has had permission to buy cannabis in the pharmacy for medical reasons since 2013. However, he could not afford this in the necessary amount. Therefore, he also continued to consume illegally self-procured cannabis.
At the end of 2013, the man applied for a driver's license for the first time. The driving license authority refused this, referring to its long-time cannabis use. His objection to the Karlsruhe Regional Council remained unsuccessful, as did his complaint to the Karlsruhe Administrative Court.
The VGH Mannheim now also joined in. With his decision of January 31, 2017, now published in writing, he rejected the man's application for admission of the appeal. There are no serious doubts about the accuracy of the Karlsruhe judgment.
The reasons given by the Mannheim judges stated that the law only permits “an individual-oriented assessment of fitness to drive” when using medically prescribed drugs. Among other things, it depends on the cooperation with the doctor, the ability to assess one's own dangers and also the risk of improper use.
On the other hand, "suitability for driving is illegally ruled out if illegal, regular use of cannabis". Illegal consumption is rarely accompanied by controlled consumption. Neither the person concerned nor his doctor would have control over the active substance content of the drugs taken. A medical check of the amounts taken is also not possible.
On January 19, 2017, the Bundestag passed a law that the health insurance companies will cover the costs for medically prescribed medical cannabis from March 2017. Previous exemptions for self-cultivation are no longer relevant. mwo / fle