Home » Case law – TF confirms “zero tolerance” for cannabis and driving

Case law – TF confirms “zero tolerance” for cannabis and driving

by archyw

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The High Court dismissed a motorist from Aargau, who challenged his conviction for inability to drive after having exceeded the threshold.

The Federal Court confirms the very restrictive policy on cannabis and driving advocated by the Federal Council.

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During a check in 2018, the Aargau police noted that a driver showed signs of drug use with “red eyes and a wobbly gait”. Blood and urine analysis revealed the presence of THC, the active substance in cannabis, at a rate of 4.4 micrograms per liter of blood (μg / l), while this is fixed at 1.5 μg / l in the ad hoc order.

The man was sentenced in 2021 for incapacitated driving by the Supreme Court of the canton of Aargau to a suspended financial sentence and a fine of 300 francs. He resorted to TF, arguing that “the mere exceeding of the THC limit rate of 1.5 μg / l was not sufficient to establish his inability to drive. This rate would reveal nothing about the effect of the substance and this value would be too low ”.

Reliable value

The TF rejected him in a judgment handed down on June 23. He notes: “In accordance with article 55 of the Law on Road Traffic (LCR), for substances other than alcohol, the Federal Council may set limit values ​​beyond which incapacity to drive is established. For cannabis, the Federal Council and the Federal Roads Office (FEDRO) respectively, have set this limit at 1.5 μg / l. This value constitutes a detection threshold, which expresses the concentration at which the presence of a substance in the blood can be demonstrated quantitatively in a reliable manner. “

Consumption the day before

The TF recalls that it has already ruled on this question: “The Federal Court had already ruled before that the Federal Council, respectively OFROU, had not exceeded the normative competence which had been delegated to them by decreeing zero tolerance. in matters of cannabis ”. He therefore sees no reason to revisit this case-law. The TF therefore confirms the conviction: “Given the physical manifestations, as well as the significant exceeding of the THC limit value, the driver who had consumed cannabis the day before had accepted his inability to drive”.

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