Freiburg Administrative Court: Woman does not have to hand in a driving license
A woman who takes cannabis every month to combat her period pain does not have to hand in her driver's license. This was decided by the Freiburg Administrative Court in a ruling published on Wednesday, January 18, 2017 (Az .: 5 K 4237/16).
After that, a driver from the Breisgau-Hochschwarzwald district can at least temporarily keep her driver's license. To curb her severe menstrual pain, she takes cannabis six to seven days a month. Because of "regular cannabis use", the district office wanted to withdraw her license.
At the complaint and complaint of the woman, the administrative court initially suspended immediate execution. The lawsuit is also expected to succeed in the main proceedings. Because drug use here is “not regular cannabis use in the sense of a license”.
According to established jurisprudence, "regular use" can only be assumed when cannabis is consumed almost daily (Federal Administrative Court, judgment of 20 September 2009, file number: 3 C 1.08). Here, the woman had been consuming marijuana continuously for around a week and also in considerable quantities, but on the other days she had completely avoided it. The criminal court found these statements credible after consulting an expert.
The Freiburg Administrative Court ruled that it should therefore not be assumed that it is generally unsuitable for driving. Her behavior is not comparable to consumers who consume the same amounts of up to 40 grams per month throughout the month.
There are no indications that the woman continues to drive under the influence of the drug while she is consuming cannabis. A driving license withdrawal due to occasional cannabis use is therefore also ruled out, according to the administrative court in its judgment of January 4, 2017. mwo / fle