With a joint circular widespread on 11 April 2025, the ministries of the interior and of health have clarified how to interpret one of the most controversial rules introduced by the recent Highway Code Reform: the one relating to the guide after taking drugs. The main novelty is that to trigger the penalties: it must be demonstrated that the drug still has active effects when you drive.
The reform approved in November 2024 had eliminated the reference to “State of psycho-physical alteration”making it possible to punish those who were positive for days – or even weeks – after taking. A line that had aroused Many criticisms by jurists, antiprohibitionist associations and a part of the judiciary. The most striking case was that of Pordenone courtwho raised doubts of constitutional legitimacy.
How the controls will work
The new circular reports attention to a basic principle: the assumption of the substance must have a concrete influence on the ability to driveand this can only be ascertained by detecting i active metabolites – That is, the molecules that indicate that the substance is still in circulation and produces psychoactive effects. To do this, the law provides Test on saliva or bloodexcluding those on the urine, considered too generic.
Road control begins with a Preliminary salivary test. In case of positivity, they are picked up Two championswhich are then sent to the Forensic toxicology laboratory for second level analysis. Only the latter, also called confirmation analysiscan be used to proceed legally. The second sample is preserved in -18 degrees For at least a year, to allow any counter -analysis.
Another important clarification concerns the drugs: the circular establishes that penalties must be excluded for those who take prescribed therapieseven if containing substances similar to those prohibited. While not changing the law itself, this circular establishes one more guaranteed practicewhich limits abuses and aims to hit only those who represent a Real risk for road safety. A turning point that could significantly reduce the number of suspended licenses.
