RECENT CHANGES TO THE ROAD CODE AND THE SPREAD OF NEW SYNTHETIC DRUGS WILL BE AT THE CENTER OF A CONFERENCE AT THE “MAZZINI-PASCOLI” AUDITORIUM IN ERCHIE (BRINDISI), ORGANIZED BY THE NATIONAL STATE POLICE ASSOCIATION, WITH THE SUPPORT OF LOCAL INSTITUTIONS, TO ANALYZE RISKS AND INTERVENTION STRATEGIES
A growing emergency: the phenomenon of new drugs
The New Psychoactive Substances (NPS) today they represent an expanding phenomenon, both for the variety of molecules and for the ease with which they are found, often through “encrypted” digital markets (online platforms accessible through networks that use advanced encryption systems to guarantee anonymity and security for users). These drugs, of synthetic origin, imitate the effects of traditional narcotics such as cannabis, LSD or ecstasy but with modified chemical compositions that make them difficult to detect in standard tests and extremely dangerous for health.
According to data provided by National Early Warning System (SNAP)in Italy in 2024, 70 new molecules were identified, mainly belonging to the categories of synthetic cannabinoids, such as benzodiazepines, cathinones and other psychoactive molecules. This ever-changing market makes it difficult for institutions to maintain effective control, exacerbating the risk for consumers.
A transversal and dangerous phenomenon
The use of NPS no longer concerns only marginal segments of the population. The average age of the first approach has dropped to 14 years and mainly affects adolescents and young adults. However, the phenomenon also involves professionals and people over 35, looking for “quick solutions” to manage stress or escape from routine. These substances are often sold as products “legal”taking advantage of the lack of immediate classification in the lists of prohibited substances. This deceptive marketing strategy minimizes the risks perceived by consumers, increasing diffusion and consumption.
From a road safety perspective, the impact of NPS is particularly worrying. Their changing chemical composition not only complicates detection in routine checks, but amplifies unpredictable effects on cognitive and motor skills, essential factors for safe driving.
Authoritative contributions to the conference
During the event, experts from different sectors will offer complementary perspectives to understand and combat the phenomenon. Antonio De Donno, Public Prosecutor of Brindisi, will examine the legal and regulatory implications, focusing on the difficulty of prosecuting crimes linked to molecules that often escape legislative controls.
From an operational point of view, Chief Commissioner Giampiero Angiolillo and Inspector Giampiero Iaia of the Brindisi Polstrada will illustrate how the new provisions of the Traffic Lawsin particular article 187, are applied in roadside checks. Particular attention will be paid to the technical difficulties related to the detection of these substances during salivary tests and to strategies to improve the effectiveness of controls.
The medical contribution will be offered by Prof. Massimo Montinari, director of the Department of Criminology and Forensic Psychiatry at the Unimeier in Milan, who will analyze the psycho-health effects of the new drugs. Montinari will focus on the impact of these substances on cognitive functions and behavioral alterations that put not only those who use them at risk, but also other road users. His analyzes will highlight how NPS can cause permanent damage to mental and physical health, as well as worsening attention and reaction skills, which are fundamental for driving.
Hunting for solutions. An integrated response to the growth of the phenomenon
The conference will not limit itself to describing the problem, but will try to outline possible strategies to combat the spread of new drugs and improve road safety. The importance of constantly updating the lists of banned substances and investing in more advanced detection technologies will be reiterated. At the same time, educational campaigns aimed at schools and families will be proposed, with the aim of raising awareness among young people and increasing awareness of the risks linked to these substances. But let’s now retrace the salient stages of the legislation.
Evolution of the legislation: from proposal to implementation
The path towards changes to the Highway Code began with the approval by the Senate of Law no. 177 of 25 November 2024, subsequently published in the Official Journal. This law introduced substantial changes, including toughening penalties for those driving while intoxicated or under the influence of drugs, as well as new rules for the use of electronic devices while driving and specific provisions for new drivers.
Among the most relevant updates stand out the new rules relating to drunk driving. The sanctions vary based on the blood alcohol level detected, with fines ranging between 573 and 2,170 euros for a level between 0.51 and 0.80 g/L 8 (grams of alcohol per liter of blood) and license suspension from 3 to 6 months. For higher rates, the consequences are more drastic: they include imprisonment of up to one year and even longer periods of license suspension.
Also relevant is the change relating to driving under the influence of drugs. Article 187 of the Highway Code establishes that the mere presence of drugs in the body constitutes the crime, without having to demonstrate a psychophysical alteration. Penalties include large fines, immediate suspension of the license and, in the event of a repeat offence, revocation of the same for up to three years.
No cell phones while driving
A further intervention concerns the improper use of electronic devices while driving, considered one of the main causes of distraction. The use of smartphones and other technological devices now entails fines that can reach one thousand euros and, in case of repetition, the suspension of the driving licence.
New drivers in the crosshairs
New drivers are also subject to stricter regulation. For new drivers, i.e. those who have obtained their license less than three years ago, in addition to the obligation to maintain a zero blood alcohol level, specific limits have been introduced regarding the power of the vehicles they can drive. The legislation establishes that in the first twelve months of driving it is not permitted to drive vehicles with a power exceeding 70 kW, equivalent to approximately 95 horsepower and with a power/tare ratio that exceeds 55 kW per ton, i.e. the power in relation to the weight of the vehicle when empty.
These limits, aimed at reducing the risks associated with the inexperience of new drivers, aim to prevent access to vehicles that are too powerful or difficult to control. In the event of an infringement, the sanctions provided include significant fines and, in the most serious cases, the suspension of the driving licence. The restriction does not apply if the vehicle is used in driving exercises with an authorized instructor, a circumstance which falls within the exceptions provided by law. But let’s move on to the numbers.
Statistics on road accidents: the burden of alcohol and drugs while driving
According to data provided by the Ministry of Health relating to 2022, 4,979 road accidents occurred in which at least one of the drivers was intoxicated, a figure which represents 8.8% of the events detected by the Carabinieri and Police. The consequences of these accidents were devastating: 85 victims (equal to 6.5% of the total deaths) and 5,786 injured (equal to 11% of the total those involved).
The incidents with drivers under the influence of narcotic substances, however, were 1,676, equal to 3% of the total documented collisions. Although numerically smaller than those caused by alcohol, these phenomena represent a growing problem, aggravated by the spread of new synthetic drugs and the introduction of molecules that are difficult to detect in traditional controls.
Criticisms and concerns raised
Despite the stated objective of increasing road safety, these changes have attracted several criticisms from medical professionals and patient associations. In particular, the elimination of the need to demonstrate psychophysical impairment for the crime of driving under the influence of drugs has raised concerns regarding the possible effects on patients taking prescribed drugs.
The Italian Society of Psychiatry has expressed fears that patients being treated with antidepressants, anxiolytics or other psychotropic drugs may test positive in drug tests, despite the therapeutic and controlled use of such drugs. This could lead to unfair sanctions and stigmatization of patients, as well as the risk of some deciding to stop treatment for fear of legal repercussions.
Additionally, pharmacists and doctors have highlighted the possibility of false positives in saliva tests used by law enforcement, as some commonly used drugs can interfere with the results. Which would lead to sanctions for drivers who have not actually taken drugs.