The Italian government is facing scrutiny over its recent adjustments to the road code concerning driving under the influence of drugs. A circular issued on April 11, 2025, by the Ministries of Interior and Health has sparked controversy, as it appears to reverse some of the stringent measures introduced by Transport Minister Matteo Salvini. The new guidelines now stipulate that for penalties to apply, there must be evidence that a substance still affects the driver while behind the wheel.
This development comes in light of a growing concern regarding the constitutionality of the road code changes, particularly those that impose sanctions for drug use irrespective of its impact on driving ability. Previously, the law required proof of impairment at the time of driving, but the new regulations shifted the focus to mere drug consumption.
The circular emphasizes the need for a temporal correlation between the consumption of drugs and driving, stating that the substance must still be active in the driver’s system to warrant penalties. This has been interpreted as a reintroduction of the requirement to demonstrate an actual state of impairment, which had been removed in the earlier revisions of the road code.
Critics, including Senator Gabriella Di Girolamo, have labeled Salvini as the "zimbello dell’Esecutivo Meloni," suggesting that he has become a figure of ridicule within the government for his handling of the situation. Meanwhile, Riccardo Magi, the secretary of +Europa, voiced concerns that the new code and guidelines prioritize ideology over scientific reasoning. He pointed out that previously, a driver suspected of drug use would undergo a comprehensive medical examination to assess their overall health and capability to drive, a measure that has now been eliminated.
The case that prompted much of this debate involved a teacher from Udine, who found herself in a legal battle after being suspended from driving due to testing positive for opiates contained in her prescribed medication. This incident led the Ministry of Transport to clarify that the use of drugs is distinct from the use of prescribed medications, including cannabinoids, to prevent penalizing those undergoing medical treatment.
Despite the apparent easing of the regulations, concerns remain about the potential for discriminatory enforcement and the law's overall constitutionality. The Tribunal of Pordenone has raised these issues, questioning the fairness of penalizing individuals solely based on a positive drug test without considering the actual effects on driving ability.
The circular also outlines specific procedures for drug testing, mandating that officers conduct saliva tests at the time of the traffic stop. If the initial test yields a positive result, two saliva samples must be collected: one for confirmatory testing and another to be stored for potential counter-analysis by the driver’s legal representation. The Ministry of Transport has emphasized that these guidelines are consistent with the new road code's intent to penalize those who drive under the influence of drugs.
As the situation unfolds, the Italian public and legal experts will be watching closely to see how these changes are implemented and whether they stand up to constitutional scrutiny. The implications of these regulations extend beyond the immediate legal framework; they touch on broader issues of public health, safety, and the rights of individuals who may be unfairly penalized due to the complexities of drug use and medical treatment.
In summary, while the government’s new circular may seem like a step back toward a more rational approach to drug use in driving, many believe it still falls short of adequately addressing the constitutional concerns raised by the previous reforms. The ongoing dialogue among lawmakers, legal experts, and the public will be crucial in shaping the future of Italy's road safety laws.
