The limit stipulated in regulations for driving after consumption of cannabis is valid

The Court of Appeal had convicted a woman of two counts of driving under the influence, see section 22 subsections 1 and 3 of the Road Traffic Act. On both occasions, she had had a concentration in her blood of THC – the active ingredient in cannabis – above the limit set in regulations of 0.004 micromoles THC per litre of blood, see section 22 final subsection of the Road Traffic Act. The Supreme Court found that the wording of the Act does not specify where the criminal limit for THC can be set and mentioned that preparatory works expressed that such limits should be set. These were to be based on a zero tolerance principle; however, so that minimum limits should apply that exceeded the minimum measurable concentration. The limit chosen in the regulations does not in any event exceed cases of “possible” influence and is thus within the scope of the Act. The regulations on this point are therefore valid. It was further stated that the exact criminal limit – within the framework of the law – must be set based on professional and political discretion that the courts cannot review. The appeal against the Court of Appeal’s judgment was dismissed.

Read the whole judgment (Norwegian only)

Area of law: Criminal law. Section 22 of the Road Traffic Act, Regulations regarding fixed limits for influence of intoxicating or anesthetic substances other than alcohol etc.

Key pagraphs: 41, 45–47

Dommere: Webster, Bull, Falch, Thyness, Hellerslia