Cannabis and driving licence, what the Highway Code provides today and when the withdrawal takes place

Following the changes introduced by Law 177 of 2024 and the implementing circulars of the Ministry of the Interior, the Highway Code has redefined the relationship between cannabis use and fitness to drive . Until a few months ago, the law required that a real state of psychophysical alteration be ascertained at the time of driving in order to proceed with a criminal sanction. With the new laws in force, objective proof of the use of narcotic substances is now sufficient for sanctions and the withdrawal of the license to be automatically triggered.

It is no longer necessary for the driver to show abnormal behavior, obvious symptoms or difficulty in managing the vehicle. It is sufficient for a blood or saliva test, carried out in accordance with the law, to reveal the active presence of the psychoactive principle of THC in the driver's body.

When you risk immediate withdrawal of your license

According to Article 187 of the Highway Code, anyone who drives after taking cannabis is criminally sanctioned with up to one year of arrest , a fine from 543 to 2,170 euros, suspension of the license from one to two years and automatic forfeiture of points. If the first rapid saliva test is positive, the withdrawal of the license occurs immediately, already at the time of the traffic stop.

The license is withdrawn as a precaution and sent to the Prefect, who decides on the formal suspension in the following hours or days, pending the second test on biological samples taken in the health sector. If the laboratory test also confirms the positivity, the suspension becomes definitive. The entire procedure is started even in the absence of an accident or dangerous conduct. In fact, the use of cannabis is incompatible with driving.

The legislator justified the introduction of the new rule with the need to strengthen road prevention, especially in a context of increasing accidents among young people . The choice to exclude any assessment of the actual state of alteration translates into a limitation of the presumption of innocence.

Criminal risk and aggravating circumstances in the event of an accident

The situation becomes more complicated if, in addition to driving under the influence of cannabis, an accident occurs with serious injuries or damage . In this case, the rules on road homicide and injuries come into play, which provide for much more serious penalties, up to 12 years of imprisonment, with aggravating circumstances in the case of positive results for narcotic substances. The presence of THC in the body can become evidence in the evaluation of guilt, even if an evident state of alteration is not demonstrated.

This is especially true for professional drivers, public transport drivers and emergency medical workers, whose responsibility is amplified by the public function they hold. For them, a single episode can lead to the revocation of their license and the prohibition of getting it again for years.

Valid tests for the assessment and what happens with urine

The current legislation specifies that to have probative value the test must be carried out on saliva or blood . In short, no use of urine samples as a sufficient element to establish previous intake. Urine can contain inactive metabolites even weeks after intake, such as to make the toxicological data not correlated with the real psychophysical state of the driver at the time of the check. It is this distinction that makes the difference between a punishable behavior and a historical trace not criminally relevant.

If a non-compliant test is used or if there is no medical authorization to collect the sample, the procedure would be invalidated in court.

A controversial aspect concerns the medical use of cannabis prescribed to patients suffering from chronic diseases. Although it is permitted in Italy to purchase and take cannabis for therapeutic use, the Highway Code does not provide automatic exemptions for those who drive after taking THC-based drugs. In the absence of clinical proof demonstrating the absence of alteration or certifying the tolerance developed by the patient, the license can be suspended even for those who act in full compliance with health regulations.

The case of the license given back to a motorcyclist who tested positive for cannabis

It is one of the first cases in Italy to put the debate on the interpretation of the changes to the Highway Code introduced by the decree signed by the Minister of Infrastructure and Transport Matteo Salvini back at the center. A motorcyclist involved in an accident in Asti has in fact obtained the restitution of his license, despite having tested positive for cannabinoids .

According to the reconstruction of the facts , the man – who played the role of injured party in the accident – ​​was taken to the hospital, where he underwent routine clinical tests. Among these was a toxicology test that revealed the presence of traces of cannabis in his blood. By order of the judicial authority, other specialist analyses were carried out but without any psycho-physical alteration conditions attributable to the use of drugs or alcohol emerging.

The motorcyclist challenged the prefect's order, attaching a medical report certifying the absence of altering effects at the moment of impact. The judge, awaiting the ruling of the Constitutional Court, accepted the precautionary request and ordered the provisional restitution of the license.

This is not the first time that the Supreme Court has been called upon to rule on measures related to driving and psychotropic substances . In previous cases, the Constitutional Court has established that the limitation of fundamental rights, such as freedom of movement or the right to work, must be based on objective, proportionate and strictly necessary criteria. The new decree could be considered in conflict with these principles if not supported by concrete clinical evidence.

How to get your license back

The process of recovering a driving license varies based on the nature of the order received. The authority that ordered the measure and the severity of the violation contested make the difference.

Immediate withdrawal of the license is a physical seizure of the document. It can last a few days or a few weeks: for example, we are talking about a 30-day suspension in the cases provided for by article 75 of the Consolidated Law on Narcotics if you are found driving with a vehicle available; or a maximum duration of 10 days in the case of article 187 of the Highway Code, pending the outcome of toxicological tests. In

A completely different matter is the suspension of a driving license , which can be ordered by the Prefect or a judge, depending on the specific case, and involves a temporary ban on driving. The document remains valid, but cannot be used to drive. The duration varies based on the violation: from one to 12 months in cases related to Article 75 of the Consolidated Law on Narcotic Substances; from one to two years if the measure falls within the scope of Article 187, relating to driving under the influence of drugs. In some cases – such as the temporary loss of psychophysical requirements – the suspension can become indefinite.

Another measure is the revision of the license which is not equivalent to a fine, but is an obligation on the part of the Civil Motorization or the Prefect. It is ordered to verify whether the driver still possesses the psychophysical or technical requirements to be able to drive safely. It may involve a new medical examination, but also a theoretical and practical exam, in cases where doubts have emerged about the driving ability.

The revocation of the license is the most severe measure contemplated by our legal system. In this case, the driving license is permanently cancelled and in order to be able to drive again it is necessary to wait a minimum period established by law and then repeat the exam path, exactly like a new candidate.