While waiting for the Constitutional Court to decide on the question of constitutionality raised by the judges of Pordenone, Macerata and Siena, the investigating judge of Parma, with an order dated September 26, revived the debate regarding the reform of article 187 of the Highway Law. The law currently penalizes those who drive “after consuming narcotics or psychotropic substances”, without any longer referring to the requirement of a “psycho-physical altered state”.
The judge rejected a request for criminal penalties made by prosecutors against a driver who tested positive for cannabinoids, stating that the evidence is lost from the driver’s distracted state while driving.
The question
The pronunciation is in line with controversy born after the reform of the Highway Code that began with the law of November 25, 2024 n. 177. Regarding drugs, the reform appears to aim to punish even those who, despite having used drugs, drive while fully sober.
Referral to Consulta
It is precisely for this reason that the judges at the Court of Pordenone, Macerata and Siena raised the question of the constitutional validity of the new article 187, pointing out that the removal of the requirement of “state of psycho-physical changes” from acts subject to criminal sanctions violates the principles of offensiveness, proportionality and mandatory nature.
Parma pronunciation
The Parma investigative judge instead chose the path of interpretation, attempting to “save” the law through a reading that was in accordance with the constitution. In particular, this regulation recalls paragraph 2-bis of the same article 187, which allows a “second level” investigation (an analysis that goes beyond the use of precursors) only if there are “reasonable grounds to believe that the driver is under the influence” of drugs or psychotropic substances. A detail that according to judge Emilian shows how the legislators were unwilling to completely cancel the conditions for the effect of the change.
