You are treated with medical cannabis and want to know what applies at a traffic check? Or have you already received a letter from the police or the driving licence authority? Here you will find the key answers on the THC limit, drug tests, medical documentation and the medical-psychological assessment (MPU), with direct access to an initial consultation with a lawyer.
Medical care by Cureal · Legal advice from independent lawyers · Phone or video consultation depending on the booking option
At a routine traffic check, the police can, among other things, check your fitness to drive and your vehicle documents. A check alone does not mean you are accused of a criminal offence. Stay calm, friendly and factual.
Giving your personal details is mandatory. Commenting on the matter is not.
The right to remain silent applies as soon as you are accused of something as a suspect or as the person concerned. What makes sense in your case is for a lawyer to clarify, not this page.
Check already behind you? Keep your documents ready and have it clarified which steps are required now.
Have the check assessed by a lawyerAll the guidance for on the road is summarised in the leaflet as a PDF (in German).
Stay calm, show your documents, you may remain silent on the matter.
You do not have to take part in voluntary tests.
Here the legal basis decides, not your consent.
Declining a rapid test does not automatically prevent an ordered blood sample. If necessary, have the grounds and lawfulness reviewed by a lawyer.
Cannabis therapy prescribed by a doctor and driving a motor vehicle are not generally mutually exclusive. What matters is your actual fitness to drive, the underlying condition, the prescribed intake and your personal treatment situation. A prescription alone is not permission to drive while impaired.
Where a medicine prescribed by a doctor is taken as intended, an exception to the THC limit applies, the so-called medication privilege. It does not apply across the board to all cannabis use with a prescription, and a prescription offers no protection if you are actually unfit to drive.
A prescription answers only one part of them.
Discuss taking part in road traffic with your treating doctor. Do not drive if you feel drowsy, dizzy, unable to concentrate or otherwise impaired. Even simply feeling fit does not prove fitness to drive.
Cannabis therapy does not automatically lead to an MPU or the loss of your driving licence. Whether a medical expert report, a medical-psychological assessment or another measure may be required depends on the statutory conditions and the specific facts of your case.
Keep the complete letter, including enclosures and proof of delivery. Note the deadline and have the reason, the legal basis and the question put to you reviewed. Ignoring a lawful order to provide an expert report, or letting the deadline for submission pass, can have serious consequences, up to the withdrawal of your driving licence.
Have letters and deadlines reviewedAmong other things, the laboratory values, the findings of the police, your prescription and the documented intake plan can be relevant here. Have the notice and the delivery envelope ready for the consultation.
The deadline for an objection is generally two weeks from service. Booking a consultation does not extend an official deadline.
Clear medical documentation can help to place your treatment in context with a lawyer or in an official review. Which documents actually need to be provided and submitted depends on the question at hand.
A cannabis patient card or a confirmation of therapy is not an official licence to drive. A medical statement does not replace actual fitness to drive, nor an expert report or MPU required by the driving licence authority.
At Cureal you can request medical certificates and medical statements on your treatment. The treating doctor assesses, on the basis of the medical facts, which statements they can make. For legal questions and the selection of documents to submit in proceedings, the lawyer is your point of contact.
Have any prescriptions, your intake plan, doctor's letters and all letters from the police or authorities ready. Add a short timeline: what happened when, which documents have you received and which deadline is running?
When medical cannabis, traffic law and driving licence issues come together, a specialised legal assessment is helpful. You have two ways to an initial consultation with a lawyer.
In our appointment booking, choose the service “Legal advice on driving licence”. This gets you to the initial legal assessment through the familiar Cureal booking route. The scope of services and the price shown there apply to this offer.
Dr. Marc Herzog is a specialist lawyer (Fachanwalt) for traffic law, criminal law and insurance law. The areas of practice listed on his firm's website also include driving licence law and cannabis law. The firm is based in Rosenheim and works nationwide.
Via the partner link you book a 20-minute initial consultation with a lawyer by phone or video at special conditions. You can find the current conditions in the firm's booking form.
You are going to the booking page of Dr. Herzog Rechtsanwälte. Profile and qualifications (in German) (opens in a new tab)
VIP consultation with Dr. Herzog (in German) (opens in a new tab)Individual legal advice is provided by independent lawyers. Cureal enables access to booking and provides medical care as part of your treatment.
Use the Cureal booking or the VIP link to the law firm and choose a suitable appointment.
Put together your existing medical documents and official letters with their deadlines.
Clarify your most important questions and discuss whether further legal steps are required.
Book initial consultation with a lawyer
There is no general obligation to disclose your cannabis therapy unprompted. As a suspect or person concerned, you may remain silent on the matter. You must still give the personal details required by law and show your vehicle documents.
You may refuse a voluntary urine or saliva test. A blood sample is something different: under the statutory conditions, it can be ordered even without your consent.
Section 24a (4) StVG contains an exception for taking a medicine as intended that was prescribed for a specific illness. Whether these conditions are met in your case has to be assessed on the basis of the circumstances. In the case of actual unfitness to drive, even a prescription does not protect you.
A prescription does not automatically mean a driving ban, but it is not a blanket clearance to drive either. What matters, among other things, is your actual fitness to drive and your individual treatment situation. Clarify medical questions with your treating doctor.
There is no generally valid waiting time for all patients. The effect depends, among other things, on the form of use, the dose, the phase of therapy and individual response. A safe clearance to drive cannot be derived from a fixed number of hours.
No. A card or a confirmation of therapy can document a treatment, but it does not decide whether an official assessment is ordered. An MPU order has to meet the statutory conditions and can be reviewed by a lawyer.
A medical expert report and a medical-psychological assessment are different forms of assessment. Which examination is required depends on the specific question put by the authority and on the legal basis. A report from the treating doctor does not automatically replace either of them.
Mind the deadline: an objection to the fine notice is generally possible within two weeks of delivery. Have the notice, the prescription and other documents reviewed in good time. Booking an appointment does not preserve the deadline for objection.
Yes. In the Cureal appointment booking, choose the service “Legal advice on driving licence”. In addition, you can use the linked access to the VIP initial consultation with Dr. Herzog Rechtsanwälte at special conditions.
Via Cureal, the initial legal assessment costs €199. For the VIP booking with Dr. Herzog, the conditions shown in the firm's booking form apply. Any further representation is agreed separately with the firm.
The key points for on the road: our leaflet for cannabis patients summarises how to behave at a traffic check, the right to remain silent, voluntary tests and how to deal with letters from the authorities.
Whether you want to prepare or already have a specific letter: use the initial consultation with a lawyer to assess your situation and the next steps. And if you do not yet have cannabis therapy: in the initial medical consultation, we clarify whether therapy is an option for you.
Editorial: Cureal · Information as of: 6 October 2026. Basis: the Cureal leaflet “Police checks for cannabis patients” (6 pages, as of 09/2026, in German) and the sources listed below. General information; your personal case is assessed by the treating doctor or by a lawyer, as the case may be.
