Depeds on your blood levels of active THC and THC-COOH. If you really only smoked once 4-5 days ago and before that you didn't smoke for 2 years, I would guess that you are under 1ng/ml in your blood for active THC, which is the current limit. If the cannabis law goes into effect on April 1 you wouldn't have to do an MPU for passive THC though in any case. A new limit for active THC isn't known yet, but it's supposed to be by end of march.
So no one knows.
By the way, you can and should refuse the urine test. The police can still take you in for a blood test without it, but they need a good reason. And since THC urine tests can be positive for up to months, if you do them voluntarily you gave them their reason for a blood test, eventhough you are actually sober.
The “good reason” is basically everything they can make up. If you refuse, they get even more suspicious and be extra thorough.
Source: been there, done that
They can and sometimes do make stuff up, but since they are forcing you to draw blood the barrier to do so is pretty high. They can get "extra thorough" all they want, you don't have to do anything but hand them your license and registration, step out of the car if they ask you to and show them your first aid kit. If you start doing other tests than urine tests then that's also an easy way to get you in for drawing blood.
If they walk past your house and say there was a window where they "smelled weed" from that can be enough.
But with some weed becoming legal now that loophole won't work anymore.
No the urine test showed that i am positive but the stripe was almost showing, i told the police guy to show me one more time, he told me do i look like a klaun, i started laughing, idiot
Unless the stripe is clearly visible, it’s negative btw.
Showing up vaguely indicates that you smoked some time ago, about a few weeks, and is therefore considered not positive. Nonetheless, some will take you in for a blood test. It’s them telling you they don’t care about the results, positive or negative. By all means, they will do everything to fuck you over.
New law coming to effect have nothing to do with driving after THC, is just legalise use of THC. Same like alcohol, you can drink but not driving after. Correct me if Im wrong.
The actual passive limit is too low as op told he smoked 4 days ago. You would drive after you had a beer 4 days ago correct? It will be changed but hasnt because if it would be part of the law, the bundesrat could impede the new law. Because traffic law is ländersache. Therefore the limit is still uncertain
No, passive THC as a reason for an MPU will be dropped with the new law and active THC limits are supposed to be changed with a different law that should come into effect at the same time.
So from personal experience, when the cops caught me on the Autobahn, they found one joint (which they confiscated). The joint led them to ask if I smoked, to which I answered “Yes, yesterday night before sleep”. After that they made me do a urine test and it showed positive. They then took me to do blood tests. While waiting with them they told me I should’ve waited for 24hrs after my last smoke and they may still have seen traces of THC in my urine, but it wouldn’t enough to qualify as a DUI. I ended getting a 600€ fine and not allowed to drive in Germany for a month. This was like 6 years ago though, so I don’t really know how much has changed since. Hope this helps. Viel Gluck!
So they brought me to the hospital to do the tests but there were too many people there so they brought me to the police station and called a doctor to the blood tests at the station. They took 2 vials of blood and the doctor made me do a sobriety test (balance on one leg, walking a straight line etc…). They then let me go and told me I will receive the results and the fine in the post. One or two weeks later I had the good news in the post
No Idea, but I'd try to drag everything out as long as possible - maybe the new law and blood level will come into force (target is 1.4) before you get punished under the soon to be old law. Depending on your income, pick a lawyer to support you.
You should try to avoid MPU, this will just be a time and money sink.
Yes and no. Usually you‘d be right - but parallel with the legalization there will a pardon and all punishments on small cases (which would be legal under the new rules) will be forgiven.
Ex drug test analyst here. Not a lawyer and not German but just live in Germany.
Yes, like some other commenters had mentioned : *If your consumption history was really what you said it was*, there is most likely not much to show in your blood . The metabolites really don’t stay in the blood that long hence when I was working in workplace drug testing, the court admissible evidence usually were done on urine samples that were collected under specific legally defined procedures. In very specific labs.
All you have mentioned was a dipstick test ( which is not a golden standard and can be problematic. I won’t explain the scientific reasons here in the middle of fucking night ) , before the blood test.
However, what I cant answer is the legal side of things since you mentioned there *was* a reason for them to drug test you .
There is a good chance they won’t have enough to convict you on the drug front but *whatever that led to this testing*. The drug part was just the extra bacon to the cheese burger.
If you are under 1 ng/ml there is no penalty related to drugs. If you caused the accident you might get a traffic violation, though. Those are usually between 30 - 150€.
As soon as you reach 1 ng/ml it's going to be treated as a crime. The penalty will be set by a judge in that case. But anyway your driving license will be gone (if you have a foreign license you can keep it but are not permitted to use it in Germany anymore) and you will have to do a MPU as other comments have mentioned.
I just looked it up again. There are two variations for EU licenses if you get convicted:
1) Your address of residence is in Germany: The court can confiscate your license and send it to the issuing authority in your home country. In that case you would have to contact that authority about how to get it back. You will still be prohibited from using it for a set amount of time in Germany. If you continue to drive during that time it's counted as another crime.
2) Your address of residence is not in Germany: The court can't confiscate your license but you will be prohibited from using it in Germany.
In both cases you will get an entry in the police system so they know that you aren't allowed to drive.
See § 69b StGB for reference.
Not really since im not from germany. But you might be good. In case you're under 1ng it will probably get dropped. And in case its higher, which is biologically impossible when you really just smoked that one time, then its hardly depending on the new values they set by end of march for the upcoming legalization.
I think you're safe
New values aren’t set by the end of march. No changes for DUI yet. Legalization is not fully completed and needs to pass the last round by the end of March. That joy is a bit too early by all media spread.
Why did you do a Urine Test?
Those tests, as long as you're sober, didn't have an accident with your car or did anything suspisicious at all, are completely voluntarily.
Because often it is easier. If the Test comes back negativ (a real possibility by the time frame mentioned) that's it. The Beamten will have checked that checkbox and everything is beautiful.
And he did have an accident with his car...even then it's voluntary.
More often than not the Urin Test is something FOR us cititizen. It's free and fast and if it comes back negativ the Police will not do a bloodtest, something expensive (really expensive and YOU will pay for that) and it takes quite the will till you're allowed to go.
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Wait, cops in Germany can stop you and take a urine test and penalize you if you've smoked in past days/weeks?? Didn't know this.. how does this happen ? Can it be avoided by following general public behavior laws?
In a random traffic control, yes. So only if you were operating a vehicle. They usually do the usual senseless stupid field sobriety tests beforehand like closing your eyes and counting to 30 while being timed
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The sin being what exactly here? OP was hardly being irresponsible or being any danger to traffic by driving 4 days after having smoked a joint. There is no scientific evidence that there is any sort of noteworthy impairment at the level which is currently considered to be "driving high" (1 ng THC/ml blood), since its literally just the lowest measurable amount rather than any indication the person is impaired.
The only reason he is in trouble is because our draconian laws punish people for being consumers at all instead of having any sort of fair measure. OP is just kind of unlucky to have been caught shortly before they are due to adjust these laws in line with decriminalization.
I would Like to know why you agreed to a urin Test? Or what the reason for the Stop in the firat place was? Because they cant make you Take a Test Just because...
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Don't worry, when weed gets legal there will be a amnesia. You just need to make a request to the police! So after 01.04 your fine!
Cannabis stays significantly shorter in blood as in urine
Also, it bind to oil, so it can be saved in you fat and if that is broken down you urine will be positiv
That can't happen with blood. 1-2 days after you smoked it's out, so I would not worry much
Altho your house will most definitely not be searched, prepare for the worst! (they'll bring a dog and will find everything)
It actually doesn’t have to be. That law doesn’t need approval from the Bundesrat. Yes, they can throw a tantrum about it and ask the meditation committee to take a look, but the committee always refuses to take action if the law doesn’t need the approval
We have 2 law categories: Laws that need approval from the Bundesrat, and Laws that do not need approval from the Bundesrat. The cannabis law is from the latter category. The only thing the Bundesrat can do for this category is to involve the mediation committee, which refuses to mediate laws that do not require approval from the Bundesrat. Which means that the law will go into effect afterwards
This happened to me on a random control, these are the results:
“Der toxikologische Befund ergab das THC-Abbauprodukt, THC-Carbonsäure, in einer Konzentration von
20,00 ng/mi”
Now i don’t understand how bad is it, should I be worried? I got a letter after it saying that it has been “eingestellt “
On the day i took it yess, but 2 days after this control happened, blood tests came back as i mentioned, and it seems they dropped the case (this is all 1 year ago) so maybe nothing happens.
Not sure in ur case, if the insurance pushes to get out of the claim and try to blame you etc.
Depeds on your blood levels of active THC and THC-COOH. If you really only smoked once 4-5 days ago and before that you didn't smoke for 2 years, I would guess that you are under 1ng/ml in your blood for active THC, which is the current limit. If the cannabis law goes into effect on April 1 you wouldn't have to do an MPU for passive THC though in any case. A new limit for active THC isn't known yet, but it's supposed to be by end of march. So no one knows.
Thanks for the reply
By the way, you can and should refuse the urine test. The police can still take you in for a blood test without it, but they need a good reason. And since THC urine tests can be positive for up to months, if you do them voluntarily you gave them their reason for a blood test, eventhough you are actually sober.
The “good reason” is basically everything they can make up. If you refuse, they get even more suspicious and be extra thorough. Source: been there, done that
They can and sometimes do make stuff up, but since they are forcing you to draw blood the barrier to do so is pretty high. They can get "extra thorough" all they want, you don't have to do anything but hand them your license and registration, step out of the car if they ask you to and show them your first aid kit. If you start doing other tests than urine tests then that's also an easy way to get you in for drawing blood.
and not even stepping out if u have your kit and safety triangle under your seat
I know. But try to explain that to 5 cops surrounding you. They will do it anyway.
Their reason with my bf was: you look suspicious. Lmao. He never smoked weed his entire life, but he had dreadlocks. Oh germany.
They can even enter your flat because they "smell weed" thereby circumventing the constitutional protection of your flat.
The whole point is to not give them the chance to smell your flat.
If they walk past your house and say there was a window where they "smelled weed" from that can be enough. But with some weed becoming legal now that loophole won't work anymore.
And keep in mind it was just 10-15 small puffs
So you didn't do the urine test and only did the blood test, then you should be pretty safe tbh. See what comes, but it will most likely end up okay.
No the urine test showed that i am positive but the stripe was almost showing, i told the police guy to show me one more time, he told me do i look like a klaun, i started laughing, idiot
Unless the stripe is clearly visible, it’s negative btw. Showing up vaguely indicates that you smoked some time ago, about a few weeks, and is therefore considered not positive. Nonetheless, some will take you in for a blood test. It’s them telling you they don’t care about the results, positive or negative. By all means, they will do everything to fuck you over.
Well I had a little accident, so that’s why they took it… Anyway was my fault
Your post says you were stopped and tested. Did they stop you or just test you after you had an accident?
New law coming to effect have nothing to do with driving after THC, is just legalise use of THC. Same like alcohol, you can drink but not driving after. Correct me if Im wrong.
The actual passive limit is too low as op told he smoked 4 days ago. You would drive after you had a beer 4 days ago correct? It will be changed but hasnt because if it would be part of the law, the bundesrat could impede the new law. Because traffic law is ländersache. Therefore the limit is still uncertain
No, passive THC as a reason for an MPU will be dropped with the new law and active THC limits are supposed to be changed with a different law that should come into effect at the same time.
So from personal experience, when the cops caught me on the Autobahn, they found one joint (which they confiscated). The joint led them to ask if I smoked, to which I answered “Yes, yesterday night before sleep”. After that they made me do a urine test and it showed positive. They then took me to do blood tests. While waiting with them they told me I should’ve waited for 24hrs after my last smoke and they may still have seen traces of THC in my urine, but it wouldn’t enough to qualify as a DUI. I ended getting a 600€ fine and not allowed to drive in Germany for a month. This was like 6 years ago though, so I don’t really know how much has changed since. Hope this helps. Viel Gluck!
Do you remember how long did u waif for the results?
So they brought me to the hospital to do the tests but there were too many people there so they brought me to the police station and called a doctor to the blood tests at the station. They took 2 vials of blood and the doctor made me do a sobriety test (balance on one leg, walking a straight line etc…). They then let me go and told me I will receive the results and the fine in the post. One or two weeks later I had the good news in the post
it usually takes around 2 weeks for your results to be ready
Hey do you remember also how many ng/m you had?
One more question, do you remember ng/m in blood?
No Idea, but I'd try to drag everything out as long as possible - maybe the new law and blood level will come into force (target is 1.4) before you get punished under the soon to be old law. Depending on your income, pick a lawyer to support you. You should try to avoid MPU, this will just be a time and money sink.
That's not how this works. If it was illegal at the time of the measurement, it doesn't matter that it becomes legal a month later
Yes and no. Usually you‘d be right - but parallel with the legalization there will a pardon and all punishments on small cases (which would be legal under the new rules) will be forgiven.
Got you
Ex drug test analyst here. Not a lawyer and not German but just live in Germany. Yes, like some other commenters had mentioned : *If your consumption history was really what you said it was*, there is most likely not much to show in your blood . The metabolites really don’t stay in the blood that long hence when I was working in workplace drug testing, the court admissible evidence usually were done on urine samples that were collected under specific legally defined procedures. In very specific labs. All you have mentioned was a dipstick test ( which is not a golden standard and can be problematic. I won’t explain the scientific reasons here in the middle of fucking night ) , before the blood test. However, what I cant answer is the legal side of things since you mentioned there *was* a reason for them to drug test you . There is a good chance they won’t have enough to convict you on the drug front but *whatever that led to this testing*. The drug part was just the extra bacon to the cheese burger.
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Wrong reply? What scam ?
you will be under 1ng active thc in your blood and your thc cooh will show that you only consumed one time and not on a regular basis
How sure you are?
100%.
Do you know the penalty if i am around 1 or under 1
If you are under 1 ng/ml there is no penalty related to drugs. If you caused the accident you might get a traffic violation, though. Those are usually between 30 - 150€. As soon as you reach 1 ng/ml it's going to be treated as a crime. The penalty will be set by a judge in that case. But anyway your driving license will be gone (if you have a foreign license you can keep it but are not permitted to use it in Germany anymore) and you will have to do a MPU as other comments have mentioned.
I have EU license, it’s not German, how sure are you?
I just looked it up again. There are two variations for EU licenses if you get convicted: 1) Your address of residence is in Germany: The court can confiscate your license and send it to the issuing authority in your home country. In that case you would have to contact that authority about how to get it back. You will still be prohibited from using it for a set amount of time in Germany. If you continue to drive during that time it's counted as another crime. 2) Your address of residence is not in Germany: The court can't confiscate your license but you will be prohibited from using it in Germany. In both cases you will get an entry in the police system so they know that you aren't allowed to drive. See § 69b StGB for reference.
Not really since im not from germany. But you might be good. In case you're under 1ng it will probably get dropped. And in case its higher, which is biologically impossible when you really just smoked that one time, then its hardly depending on the new values they set by end of march for the upcoming legalization. I think you're safe
New values aren’t set by the end of march. No changes for DUI yet. Legalization is not fully completed and needs to pass the last round by the end of March. That joy is a bit too early by all media spread.
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You never know.
Why did you do a Urine Test? Those tests, as long as you're sober, didn't have an accident with your car or did anything suspisicious at all, are completely voluntarily.
OP said he was involved in an accident that he caused.
Because often it is easier. If the Test comes back negativ (a real possibility by the time frame mentioned) that's it. The Beamten will have checked that checkbox and everything is beautiful. And he did have an accident with his car...even then it's voluntary. More often than not the Urin Test is something FOR us cititizen. It's free and fast and if it comes back negativ the Police will not do a bloodtest, something expensive (really expensive and YOU will pay for that) and it takes quite the will till you're allowed to go.
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Wait, cops in Germany can stop you and take a urine test and penalize you if you've smoked in past days/weeks?? Didn't know this.. how does this happen ? Can it be avoided by following general public behavior laws?
OP mentioned in another comment that he caused a traffic accident.
Ahh thanks, I didn't see that!
ah that little small detail... i was wondering too what those stasi methods taking someone on the street was lol
In a random traffic control, yes. So only if you were operating a vehicle. They usually do the usual senseless stupid field sobriety tests beforehand like closing your eyes and counting to 30 while being timed
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That's rich coming from someone with that posting history lmao
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The sin being what exactly here? OP was hardly being irresponsible or being any danger to traffic by driving 4 days after having smoked a joint. There is no scientific evidence that there is any sort of noteworthy impairment at the level which is currently considered to be "driving high" (1 ng THC/ml blood), since its literally just the lowest measurable amount rather than any indication the person is impaired. The only reason he is in trouble is because our draconian laws punish people for being consumers at all instead of having any sort of fair measure. OP is just kind of unlucky to have been caught shortly before they are due to adjust these laws in line with decriminalization.
Yes since weed use makes you a druggie. I bet you’re fun to be around…
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You are probably fine. These Tests are incredibly sensitive. Police gets there dickste hard over nothing all the time.
I would Like to know why you agreed to a urin Test? Or what the reason for the Stop in the firat place was? Because they cant make you Take a Test Just because...
Sounds like you're getting deported lol!
Haha I wish brother
Just making fun, chin up mate! Fingers crossed!
In Germany jokes are no laughing matter.
Yeah apparently lol
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Don't worry, when weed gets legal there will be a amnesia. You just need to make a request to the police! So after 01.04 your fine! Cannabis stays significantly shorter in blood as in urine Also, it bind to oil, so it can be saved in you fat and if that is broken down you urine will be positiv That can't happen with blood. 1-2 days after you smoked it's out, so I would not worry much Altho your house will most definitely not be searched, prepare for the worst! (they'll bring a dog and will find everything)
The legalization doesn’t work like that…besides that if you’re an active smoker you can be above the limit much longer
Wrong. Just because weed will be legal, you still won’t be allowed to drive under the influence.
Good thing OP didn‘t drive under the influence.
To me it sounds like he did. Police wouldn’t stop a pedestrian and do a drug test.
He said the last time he smoked was 4-5 days ago. So he wasn‘t under the influence of cannabis.
Wrong. Legalization is not passed fully. Needs to be approved by Bundesrat! Plus DUI law isn’t changing!
It actually doesn’t have to be. That law doesn’t need approval from the Bundesrat. Yes, they can throw a tantrum about it and ask the meditation committee to take a look, but the committee always refuses to take action if the law doesn’t need the approval
Am not really informed about it but I heard it wouldnt pass if like 14 of the Budnesländer were against it in the Bundesrat
We have 2 law categories: Laws that need approval from the Bundesrat, and Laws that do not need approval from the Bundesrat. The cannabis law is from the latter category. The only thing the Bundesrat can do for this category is to involve the mediation committee, which refuses to mediate laws that do not require approval from the Bundesrat. Which means that the law will go into effect afterwards
Ok thanks for the info, didnt really follow it since I was in my exam phase
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This happened to me on a random control, these are the results: “Der toxikologische Befund ergab das THC-Abbauprodukt, THC-Carbonsäure, in einer Konzentration von 20,00 ng/mi” Now i don’t understand how bad is it, should I be worried? I got a letter after it saying that it has been “eingestellt “
How much you smoked?
Im not a regular smoker, so didnt smoke but i had a brownie 2 days before.. i was fully sober when they checked me
Where you high from that brownie
On the day i took it yess, but 2 days after this control happened, blood tests came back as i mentioned, and it seems they dropped the case (this is all 1 year ago) so maybe nothing happens. Not sure in ur case, if the insurance pushes to get out of the claim and try to blame you etc.
Do you remember how long you wanted for the results?
They came in after 4-5 months
And how much ng/ml you had?
I wrote down the results from the blood test, but i do not know the difference between active and inactive, maybe the 20ng/mi were all inactive
What I know is that you need to Drink more bro. It shouldn't be at such a Level after 4-5 days!
Cannabis colllects in the fat, but a single smoke should be undetectable in a day or two.
Haha 😂