harleydon5
New Member
are there laws concerning use of med marijuana for commercial drivers?
Washington State and Medical Marijuana for Commercial Truck Drivers
- Thread starter harleydon5
- Start date
You can't use cannabis if you have a cdl unless you want to play the sub game. Cannabis is illegally federally and truck driving is regulated federally so any positive drug tests gets you in trouble. If you come up with a plan and practice you can sub with synthetic urine to beat the piss police.
There are no laws that protect cannabis smokers in the work place and there probably never will be.
There are no laws that protect cannabis smokers in the work place and there probably never will be.
bsemaj
New Member
DOT OFFICE OF DRUG AND ALCOHOL POLICY AND COMPLIANCE NOTICE
Recently, the Department of Justice (DOJ) issued guidelines for Federal prosecutors in
states that have enacted laws authorizing the use of “medical marijuana.”
https://www.justice.gov/opa/documents/medical‐marijuana.pdf.
We have had several inquiries about whether the DOJ advice to Federal prosecutors
regarding pursuing criminal cases will have an impact upon the Department of
Transportation’s longstanding regulation about the use of marijuana by safety‐sensitive
transportation employees – pilots, school bus drivers, truck drivers, train engineers,
subway operators, aircraft maintenance personnel, transit fire‐armed security
personnel, ship captains, and pipeline emergency response personnel, among others.
We want to make it perfectly clear that the DOJ guidelines will have no bearing on the
Department of Transportation’s regulated drug testing program. We will not change
our regulated drug testing program based upon these guidelines to Federal prosecutors.
The Department of Transportation’s Drug and Alcohol Testing Regulation – 49 CFR Part
40, at 40.151(e) – does not authorize “medical marijuana” under a state law to be a
valid medical explanation for a transportation employee’s positive drug test result.
That section states:
§ 40.151 What are MROs prohibited from doing as part of the verification process?
As an MRO, you are prohibited from doing the following as part of the verification
process:
(e) You must not verify a test negative based on information that a physician recommended
that the employee use a drug listed in Schedule I of the Controlled Substances Act. (e.g.,
under a state law that purports to authorize such recommendations, such as the “medical
marijuana” laws that some states have adopted.)
Therefore, Medical Review Officers will not verify a drug test as negative based upon
information that a physician recommended that the employee use “medical
marijuana.” Please note that marijuana remains a drug listed in Schedule I of the
Controlled Substances Act. It remains unacceptable for any safety‐sensitive employee
subject to drug testing under the Department of Transportation’s drug testing
regulations to use marijuana.
We want to assure the traveling public that our transportation system is the safest it can
possibly be.
Jim L. Swart
Director
Office of the Secretary of Transportation
Office of Drug and Alcohol
Policy and Compliance
Department of Transportation
October 22, 2009
Recently, the Department of Justice (DOJ) issued guidelines for Federal prosecutors in
states that have enacted laws authorizing the use of “medical marijuana.”
https://www.justice.gov/opa/documents/medical‐marijuana.pdf.
We have had several inquiries about whether the DOJ advice to Federal prosecutors
regarding pursuing criminal cases will have an impact upon the Department of
Transportation’s longstanding regulation about the use of marijuana by safety‐sensitive
transportation employees – pilots, school bus drivers, truck drivers, train engineers,
subway operators, aircraft maintenance personnel, transit fire‐armed security
personnel, ship captains, and pipeline emergency response personnel, among others.
We want to make it perfectly clear that the DOJ guidelines will have no bearing on the
Department of Transportation’s regulated drug testing program. We will not change
our regulated drug testing program based upon these guidelines to Federal prosecutors.
The Department of Transportation’s Drug and Alcohol Testing Regulation – 49 CFR Part
40, at 40.151(e) – does not authorize “medical marijuana” under a state law to be a
valid medical explanation for a transportation employee’s positive drug test result.
That section states:
§ 40.151 What are MROs prohibited from doing as part of the verification process?
As an MRO, you are prohibited from doing the following as part of the verification
process:
(e) You must not verify a test negative based on information that a physician recommended
that the employee use a drug listed in Schedule I of the Controlled Substances Act. (e.g.,
under a state law that purports to authorize such recommendations, such as the “medical
marijuana” laws that some states have adopted.)
Therefore, Medical Review Officers will not verify a drug test as negative based upon
information that a physician recommended that the employee use “medical
marijuana.” Please note that marijuana remains a drug listed in Schedule I of the
Controlled Substances Act. It remains unacceptable for any safety‐sensitive employee
subject to drug testing under the Department of Transportation’s drug testing
regulations to use marijuana.
We want to assure the traveling public that our transportation system is the safest it can
possibly be.
Jim L. Swart
Director
Office of the Secretary of Transportation
Office of Drug and Alcohol
Policy and Compliance
Department of Transportation
October 22, 2009
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