Prohibition only allowed after medical-psychological examination
After only driving once under the influence of cannabis, a driver's license must not simply be withdrawn. At best, this would only be permitted after a medical-psychological examination, as the Bavarian Administrative Court (VGH) in Munich decided in a judgment published on Wednesday, April 26, 2017, the previous day (file number: 11 BV 17.33).
The plaintiff, who was 21 at the time of the crime, was driving under the influence of cannabis. The Starnberg district office imposed a fine of 500 euros and a one-month driving ban without having previously commissioned an expert opinion.
The driver now successfully opposed the driving ban. A driving ban without an opinion is inadmissible, judged the VGH.
As with alcohol driving, the driving license authority cannot usually assess the future safety risks for cannabis itself. If there is suspicion that a driver "will not separate driving and cannabis use in the future," the authority must therefore commission a medical-psychological report to clarify this. Only then may a driving ban be permitted.
In the event of a dispute, the VGH Munich lifted the driving ban. Because of its fundamental importance, however, he allowed the appeal to the Federal Administrative Court in Leipzig. mwo / fle