Drugs, even occasional consumption can prevent the issue of a driving licence

While the many problems that were opened almost a year ago by the restriction of the Highway Code on the use of "drugs" (narcotic and psychotropic substances) by vehicle drivers are still unresolved, the Council of State recalls that the previous rules, inspired by the European driving licence directives, also require one to abstain from the use of these substances altogether and not only to drive only if one is not in an altered state. The only substantial difference between the previous situation and the one in force since 14 December last year (when the law

The guiding principle, valid both before and now, is that the driving licence is not a real right for everyone: even though it is widespread, it is still an authorisation entitling one to a dangerous activity such as driving a vehicle on public roads. And, as such, it requires a special suitability.

This is the principle underpinning the recent judgment of the Council of State of 17 September 2025, no. 7345, in which the court upheld the judgment of the Veneto Regional Administrative Court 1996/2024. The case concerned a driver who, after driving in a state of drunkenness, had his driving licence reviewed, with several checks by the competent local medical commission (MCL), which had always concluded that he was fit to drive. Until, in 2019, the MCL had found, with specific analyses, the presence of cocaine.

After being proved wrong by the Regional Administrative Court, he appealed to the Council of State, but did not succeed in overturning the outcome of the dispute.

The case is of extreme interest: it is possible to derive a guideline on the subject of confirmation and revocation of driving licences, in an extremely topical area, also in view of the legal and judicial events concerning the use of narcotic substances.