Results 1 to 14 of 14
Like Tree8Likes
  • 1 Post By 420
  • 3 Post By hoffa1384
  • 1 Post By snowwolf57
  • 1 Post By Hogdady
  • 1 Post By unreel
  • 1 Post By Weed420

Thread: Medical Marijuana & CDL License - Please Help!

  1. #1
    New Member
    Join Date
    Jan 2009
    Posts
    5

    Question Medical Marijuana & CDL License - Please Help!

    High-


    They just recently passed Medical Marijuana in the state of New Jersey ... Thank God for the love of Marijuana ...

    Now my fiance wants to get his CDL and truck drivers are not allowed to smoke weed by any chance ...

    If he got a prescription for weed, he can still drive with his CDL and and legally be able to fail drug tests for marijuana right?

    Please help anyone!!


  2. #2
    420
    420 is offline
    Administrator 420's Avatar
    Join Date
    Apr 1993
    Location
    California
    Posts
    61,247

    re: Medical Marijuana & CDL License - Please Help!

    as soon as he crosses state lines, he is no longer a patient...
    is he just trucking in new jersey or crossing state lines?
    this is a gray area for sure...
    you will have to contact the department of transportation on this one...
    the law is most likely too new to tell at this stage of the transition...
    give them a call and tell us what they say...

  3. #3
    New Member
    Join Date
    Feb 2009
    Posts
    9

    re: Medical Marijuana & CDL License - Please Help!

    Greetings, I too am a Truck Driver and a MMJ patient in Washington State, and unfortunately it makes no differrence whether you are intra or inter state the random, pre-employment, and post accident drug tests that he is subject to are federally mandated and controlled ultimately by federal DOT regulations, and there are no exceptions to the federal laws against even State permitted medical usage. Whipping the dead horse, the feds don't recognize a states right to allow medical usage, period. Sooo.. a positive is a positive and in most cases will cost him his job, and I think if you get 2 your CDL is gone forever. There was a termination for a positive challenged in Cal, and because the laws were federal, there wasn't anything the state courts could do, and the termination was ultimately upheld. I'm out on Workers Comp now for a work related injury so I'm medicating myself, but will either have to clean up for 30 days or take a system flusher before I go back to work. Good luck, and hopefully one day what you do on your own time won't impact your job.

  4. #4
    420 Member
    Join Date
    Nov 2009
    Posts
    47

    re: Medical Marijuana & CDL License - Please Help!

    Quote Originally Posted by hoffa1384 View Post
    Greetings, I too am a Truck Driver and a MMJ patient in Washington State, and unfortunately it makes no differrence whether you are intra or inter state the random, pre-employment, and post accident drug tests that he is subject to are federally mandated and controlled ultimately by federal DOT regulations, and there are no exceptions to the federal laws against even State permitted medical usage. Whipping the dead horse, the feds don't recognize a states right to allow medical usage, period. Sooo.. a positive is a positive and in most cases will cost him his job, and I think if you get 2 your CDL is gone forever. There was a termination for a positive challenged in Cal, and because the laws were federal, there wasn't anything the state courts could do, and the termination was ultimately upheld. I'm out on Workers Comp now for a work related injury so I'm medicating myself, but will either have to clean up for 30 days or take a system flusher before I go back to work. Good luck, and hopefully one day what you do on your own time won't impact your job.

    I too have a CDL and that is also my feelings on the subject. I'm considering just telling them where they can put the CDL anyway. I have been playing this game for 30 years and I have had enough. I would rather pump gas, draw early social security, and my VA disability check and just have a life and forget the CDL I only have been driving a few months of the year construction last few years anyway.When I drive a few months of the year I have to take the pharmaceuticals instead of the weed, I prefer the weed for pain management.

  5. #5
    Plant and Nug of the Month Winner (July 10') Hogdady's Avatar
    Join Date
    Jul 2009
    Location
    SF East Bay
    Posts
    2,787

    re: Medical Marijuana & CDL License - Please Help!

    Quote Originally Posted by hoffa1384 View Post
    Greetings, I too am a Truck Driver and a MMJ patient in Washington State, and unfortunately it makes no differrence whether you are intra or inter state the random, pre-employment, and post accident drug tests that he is subject to are federally mandated and controlled ultimately by federal DOT regulations, and there are no exceptions to the federal laws against even State permitted medical usage. Whipping the dead horse, the feds don't recognize a states right to allow medical usage, period. Sooo.. a positive is a positive and in most cases will cost him his job, and I think if you get 2 your CDL is gone forever. There was a termination for a positive challenged in Cal, and because the laws were federal, there wasn't anything the state courts could do, and the termination was ultimately upheld. I'm out on Workers Comp now for a work related injury so I'm medicating myself, but will either have to clean up for 30 days or take a system flusher before I go back to work. Good luck, and hopefully one day what you do on your own time won't impact your job.
    from the great state of california i can tell that hoffa speaks the truth. u are shit-outta-luck on this one...



    “Who are you to judge the life i live
    i know i'm not perfect and i don't live to be.
    but before you start pointing fingers
    make sure your hands are clean.”
    ― Jimi Hendrix





    June'10 Plant of the Month


    July'10 Nug of the Month


    Da Hog Shack (Completed)


    Hogdady's Current Grow (Completed)


    BUSTED! The Citizens Guide to surviving Police Encounters

  6. #6
    New Member Recruiter's Avatar
    Join Date
    Jul 2005
    Posts
    28

    re: Medical Marijuana & CDL License - Please Help!

    Quote Originally Posted by YEAiSMOKE85 View Post
    High-


    They just recently passed Medical Marijuana in the state of New Jersey ... Thank God for the love of Marijuana ...
    I have Not heard this, Is this a true Statement?

  7. #7
    New Member
    Join Date
    Dec 2009
    Posts
    7

    re: Medical Marijuana & CDL License - Please Help!

    Let us all remember this being free to enjoy is a start and we should respect that and realize we need every one to put a good light on it. LIKE A PRE ROLL first you have to possess the materials second a paper a free hand a lighter and your participation . so as you can see you cant put the cart before the horse this will all take time to work out so don't assume any thing until you know for sure FREE AT LAST try to remember how long its taken this to get here thanks to people like JOHN SINCLARE MUCH PEACE TOO U ALL

  8. #8
    420 Member
    Join Date
    Jul 2008
    Location
    Marijuanaville
    Posts
    2,847

    re: Medical Marijuana & CDL License - Please Help!

    There is one loop hole for CDL drivers. Marinol. If you can get a doctor to prescribe it, it would cover your butt.
    I'm a retired truckdriver after 20 years. I always had a bottle of synthetic urine with me in case of randoms.

  9. #9
    420 Member Wingman420's Avatar
    Join Date
    Nov 2009
    Location
    Rhode Island
    Posts
    3,212

    re: Medical Marijuana & CDL License - Please Help!

    Quote Originally Posted by YEAiSMOKE85 View Post
    High-


    They just recently passed Medical Marijuana in the state of New Jersey ... Thank God for the love of Marijuana ...

    Now my fiance wants to get his CDL and truck drivers are not allowed to smoke weed by any chance ...

    If he got a prescription for weed, he can still drive with his CDL and and legally be able to fail drug tests for marijuana right?

    Please help anyone!!


    I did not know they passed MMJ in New Jersey?

    was driving truck before and after the CDL and if you are OTR (over the road) and not working sites then you can not enjoy any mmj protection from federal law also if someone gets hurt in your vicinity while working site and you are required to submit to testing and subsequently fail (in MA and many other States) you go to jail and face criminal plus civil charges
    Also there is no prescription for weed!
    There is however in RI and a few other States:
    a Dr's declaration that you are suffering from a debilitating condition (like cancer, pain, seizures cachexia, or wasting syndrome) and medical marijuana's benefits outweigh any dangers and will help your condition
    a State application
    and a waiting period while this is all substantiated, checked, and cross checked and to see if you automatically disqualify for some legal reason such as parole, probation federal or state, have drug offenses and or convictions and when that is a go they look over your medical history to see if you qualify under the State statute and this condition is documented with the same Dr treating you for this

  10. #10
    420
    420 is offline
    Administrator 420's Avatar
    Join Date
    Apr 1993
    Location
    California
    Posts
    61,247

    re: Medical Marijuana & CDL License - Please Help!

    spambot

  11. #11
    New Member
    Join Date
    Sep 2012
    Posts
    1

    re: Medical Marijuana & CDL License - Please Help!

    Quote Originally Posted by YeaISmoke85 View Post
    High-


    They just recently passed Medical Marijuana in the state of New Jersey ... Thank God for the love of Marijuana ...

    Now my fiance wants to get his CDL and truck drivers are not allowed to smoke weed by any chance ...

    If he got a prescription for weed, he can still drive with his CDL and and legally be able to fail drug tests for marijuana right?

    Please help anyone!!

    I have heard other states that have issues with marijuana going to The Supreme court... I have been looking myself to see if anyone has tried cdl mess with the Supreme court in your state cause that is supposed to be the Highest court in the united states. I know that each state has their own Supreme court that is currently won the first round in some states (federal against state hearings)but they say it isn't over as appeals set for fall. I might see if it is possible to take a social security mess to them,not related to pot. I would think that as long as Supreme court has the lead, they would deny this...but things could change next year....Anyone know the answer to this question...Will i be turned down when i try to get background check for gun if I tell them i have med card...if I lie it is 5000 dollars and jail if i get caught i saw in laws.

  12. #12
    420 Member BuzzyB's Avatar
    Join Date
    Oct 2011
    Location
    UP
    Posts
    122

    Re: Medical Marijuana & CDL License - Please Help!

    Quote Originally Posted by hoffa1384 View Post
    Greetings, I too am a Truck Driver and a MMJ patient in Washington State, and unfortunately it makes no differrence whether you are intra or inter state the random, pre-employment, and post accident drug tests that he is subject to are federally mandated and controlled ultimately by federal DOT regulations, and there are no exceptions to the federal laws against even State permitted medical usage. Whipping the dead horse, the feds don't recognize a states right to allow medical usage, period. Sooo.. a positive is a positive and in most cases will cost him his job, and I think if you get 2 your CDL is gone forever. There was a termination for a positive challenged in Cal, and because the laws were federal, there wasn't anything the state courts could do, and the termination was ultimately upheld. I'm out on Workers Comp now for a work related injury so I'm medicating myself, but will either have to clean up for 30 days or take a system flusher before I go back to work. Good luck, and hopefully one day what you do on your own time won't impact your job.
    Liked your post! My son is going through that now. The feds came in for a drop....union never informed him to walk away and call them. He did the test. + From your post, I see that you mention 2 and you lose your CDL? Do you mean two + before you lose it? He's wigging out a bit, as am I. Also, there are NO DO OVERS with the Feds....they will do a second test, but it will come from the same sample. What sux is he hasn't smoked in over 5 years....had one j on Sunday and sure as crap come Monday morning..........

  13. #13
    420 Member
    Join Date
    Jul 2008
    Location
    Marijuanaville
    Posts
    2,847

    Re: Medical Marijuana & CDL License - Please Help!

    Quote Originally Posted by BuzzyB View Post
    Liked your post! My son is going through that now. The feds came in for a drop....union never informed him to walk away and call them. He did the test. + From your post, I see that you mention 2 and you lose your CDL? Do you mean two + before you lose it? He's wigging out a bit, as am I. Also, there are NO DO OVERS with the Feds....they will do a second test, but it will come from the same sample. What sux is he hasn't smoked in over 5 years....had one j on Sunday and sure as crap come Monday morning..........
    There is a loophole of sorts. The feds don't keep individual records on drivers that have popped positive on a drug test. The companies do though. So if you want to go get a new job do not list that employer on your job application. Of course that is actually illegal too because truck drivers are supposed to list every driving job they've had over the last 10 years. I never did. I would just cherry pick the good employers and leave the ones off that I wouldn't get a good reference from.
    Never popped a positive. I always kept synthetic urine with me. For anyone that works and takes cannabis, educate yourself on drug tests and the laws to protect your job.

  14. #14
    420 Member BuzzyB's Avatar
    Join Date
    Oct 2011
    Location
    UP
    Posts
    122

    Re: Medical Marijuana & CDL License - Please Help!

    Quote Originally Posted by Weed420 View Post
    There is a loophole of sorts. The feds don't keep individual records on drivers that have popped positive on a drug test. The companies do though. So if you want to go get a new job do not list that employer on your job application. Of course that is actually illegal too because truck drivers are supposed to list every driving job they've had over the last 10 years. I never did. I would just cherry pick the good employers and leave the ones off that I wouldn't get a good reference from.
    Never popped a positive. I always kept synthetic urine with me. For anyone that works and takes cannabis, educate yourself on drug tests and the laws to protect your job.
    Thanks! I just spoke with him on the phone and he claims they can now test for any type of masking, synthetic urine, etc. His employer has him off on medical leave rather than disciplinary because they want to keep him. He's a great kid and don't want his life all flocked up over 1 smoke. He said the feds show up once a month or so and do random checks. She always shows up at the same time, before work. . He sat in his truck Monday till 5 min before start of shift and he headed in....she drove in 45 minutes later than usual and just said, you! come with me! No one ever told him that he should have called a union rep. None on site either. So, the bottom line now is that the company is working with him. They put him on medical so that he could keep 85% pay coming and keep his insurance. Under the medical, he has to go to drug abuse class, but if he refuses, he's on disciplinary, which will cost him his job. He's been suspended for 6 mos. One guy came in and had been partying with friends the night before. She popped him for substance abuse also, and he got 6 mos off w/o pay, and that was from just drinking beer! So my son will be much better off by cooperating. And he is, fully. He has three months of 85% pay and somehow, he signed up for supplemental pay insurance. The outcome is 100% pay until the first of the year. Then he will get unemployment and return to work when his 6 mos. is up. Mentioned to him about the CDL. That was his biggest concern if he wanted to go somewhere else for work. He said it's just a matter of time before many more of the guys he works with get popped. They smoke all the time, and he smoked once on Sunday and Monday it was a done deal. He tried to fight it because it was during hurricane Sandy and the sample sat w/o refrigeration for over 6 days. No arguing with the feds.....he said he will take his lumps and jump through the hoops required to keep his job. He's angry that he's considered a chronic pot smoker when he hasn't in so many years. It is what it is I suppose (I hate that statement). Thanks for your input. He feels much relieved by your info regarding the CDL. If you have (or if anyone has) any more info regarding the CDL I would certainly appreciate it! Thanks for the post Weed420!