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The Department of Transport (DOT) recently issued a statement to address concerns swirling around medical (and recreational) marijuana use among truck drivers, school bus drivers, pilots and other “safety-sensitive transportation employees.” According to the notice, DOT will continue to enforce its zero tolerance policy, which includes a regulated drug testing program. DOT fully expressed its position, leaving nothing to open to interpretation:
“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 statement goes a step further, even reefer referring to DOT’s Drug and Alcohol Testing Regulation – 49 CFR Part 40 at 40.151(e), which prohibits Medical Review Officers (MRO) from passing current or prospective transportation employees who have any drug listed under Schedule I of the Controlled Substances Act in their system. The specific law follows:
§ 40.151 What are MROs prohibited from doing as part of the verification process? As an MRO (Medical Review Officer), 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.)
In plain words, truckers and other transportation employees cannot use marijuana for any purpose—medical, recreational or otherwise. Regulations forbid such workers from “getting high” whether a doctor prescribes the drug or not. Criminal cases against those who violate regulations set forth by DOT will be pursued, since marijuana is a Schedule I Controlled Substance.
Jim L. Swart, director for the Office of the Secretary of Transportation/Office of Drug and Alcohol Policy and Compliance Department of Transportation, closed with, “We want to assure the traveling public that our transportation system is the safest it can possibly be.”
You-Turn: If state or federal laws permit marijuana use, should truckers and other transportation employees be granted access to those same rights? Should they be held to higher (no pun intended) standards? We want to hear from you! Share your comments below.
Its a first but I totally agree. DOT regulations should not change with regards to ANY controlled substance.
No, we don’t need doped up drivers on the road. We also don’t need a lot of rules forced on us by old politicians who can’t keep their eyes open at work. Let’s do away with split speed limits and lane restrictions that end up causing more traffic and accidents while we are at it. Log books? What a joke. No two people are the same as far as their sleeping schedule is concerned. Hours of service rules end up putting tired drivers behind the wheel. I’m NEVER tired when I run out of hours, but because some retarded crackpot in D.C. says so, I have to stop and try to go to sleep. It’s stupid, it’s unsafe, and it’s a LOT more dangerous than pot smoking drivers. Fix it.
What truckers do on their own time is their business. Just as anyone else. Surely there is a test to determine if someone has smoked a joint in the last 8 hours. I don’t want stoned drivers on the road any more than I would want drunk drivers, but what you do on your own time should be your business.
I am a trucker also I agree and disagree with you… I did drugs when I was young… Smoked weed, and pcp… both have different effects pcp the worst… But with pcp it actually slows everything down that you see… it is actually safer than weed while driving…. Why…. because you can percieve things at a slower rate while functioning you reactions at normalcy… wierd but true…. did it for three full years… The down fall is your attitude is unpredictable…. Very Very much so…..You are a clear danger to everyone even yourself…. With weed it still alters your preception and reactions…. If you care about yours and everybody else safety you would want to keep it limited if not totally banned…. I dont want to fly with a high pilot…. Nor would I want a 70,000 pound bearing driver high on the highway with me and my family…. I still drive to date… Now this is just my opinion not from a lab rats point of view but from personal experience… You dont have to agree with me…. I would LOVE to be able to smoke weed and keep my job but in reality I know I would only be selfish ….. It is not safe at all….
CDL holders should be held in higher standards. With a no drug policy
absolutely not! a CDL is a professional, not only do we watchout for the highway driver and keep our load safe last i need is another driver high on anything n driving a semi, dont change the law!!!!!!!!!!!!!!
They let them get drunk…whats the difference?
I don’t think it’s a bad idea after your shift getting relaxed. But I do think there should be some law in it like how much can they smoke and if thier body is back to normal the next day.
If DOJ says itz ok for everybody else it should be ok for truckers also
I’m a truck driver and I don’t think we should be smoking that stuff. If you are not driving for a few day and that is what you want to do but when it’s time for you to go back to work I think it should be out of your system.
We are the one that set the examples of how you are to drive because we are professionals. I want to be safe I couldn’t live with myself If my driving took someone’s life being high.
yes DOT have to set the law!but there people aren’t perfect made lifetime mistake and went cleaned by attending substance program or SAP.under DOT procedure they spend time and money on it to cleaned up.so they can go back driving the job they loved! the DOT have to set a guidelines to this employers to give this individual a second chance to go back to work..yes we are human we make mistake…
marijuana is ILLEGAL; but what he does on his own time is business.
I think it’s just like everything else in this country. Weather you’re a law biding citizen or a criminal things will be abused and there’s nothing we can do to prevent it untill we get caught! I’ve been a truck driver for 10 years now and i screwed up one time and smoked a little pot with some old school friends and I’m paying the price for it now. I can not find a job driving a truck anywhere and I have a squeakie clean MVR and DAQ report and no criminal history what so ever! I understood the consequences before, during and after my little smoke session so “my bad”! I think marijuana could be used by anybody if they were not working while they were smoking and use the drug responsibly! Its in the same category as alcohol in my perspective! I did my dirt and paid the piper per say, I paid for a SAP out of pocket and got everything i needed to get back in a truck and nothing! I cant even get people to respond to me so take my word for it and leave the stuff alone weather its legal or not!
I would not want a school bus driver stone transporting my children it does delay your reflexes a judgement im sure there is other treatment for there medical condition.
I think medical/recreational use is fine as long as you are not intoxicated while driving. It is ridiculous to use a test which can detect metabolites in your system weeks after use and intoxication. A different test is needed.
Well, it’s highly questionable if pot impairs driving. When I hear these conversations it sounds as if people are discussing alcohol.
First of all, I don’t think people who haven’t smoked pot should be leading the conversations. Let level heads with experience come up with entry level policy to safely test how much marijuana impairs a driver.
Assuming pot is legalized, which it should be, perhaps initially driving should have regulation similiar to alcohol. Where as you cannot imbibe within a certain time before driving. Maybe 4 to 8 hours or something.
So if someone is driving down the road with red eyes, eating potato chips, and with a warm joint in the ashtray… they should at least be put out of service.
Also, there could be a restiction on having pot in a truck cab. Same as alcohol, drivers cannot have it there.
Down the road, such policies could be adjusted if it’s found marijuana has little to no impact on drivers. Just keep in mind before you go off the deep end with restrictions; anyone with experience knows alcohol can severely impact driving ability and marijuana really does not unless you smoke a lot and blood thc content has little or nothing to do with it.
Well actually blood alcohol content is also effected by tolerace to alcohol and current law doesn’t take that into consideration. My prediction is in the end it will have restictions that parallel alcohol because it’s a big money maker, busting people.
Absolutely not, what you do on your own time is your business and no one elses. And since when does it follow that someone who smokes marijuana will also smoke it behind the wheel of a vehicle. I’ve smoked pot for 30 years and I would never operate a vehicle or any machinery for that matter under the influence of anything. This is just one more example of the stupidity of gov. being allowed to over step there boundaries by foolish short sighted people. When will it stop, already companies are refusing to hire people because they smoke cigarettes, (something that I don’t do), where will it lead next, don’t hire obese people, don’t hire people with a history of diabetes or heart disease. Wake up people this is ridiculous…and just plain WRONG
If it is legalized by the government, and used on a drivers own time ( such as home time) then yes, they should be allowed to partake. Now while on duty of course not. The driver should have a clear focus, be responsible, and perform the job function with professional attitude.
The rules should be stern while on duty yet passive on personal time. Professionals should be held to a higher standard. period.
A person(s) home life and what they consume is private. And should not be punished for it. As long as it does not get abused while on duty I see no problem.
smoking pot.most drivers are more likly to be more relax driving then tence.it makes you more cuacious.its not like drinking.as a driver.your not getting wasted.like drinking.most people who smoke pot are less in a rush.less actidents but cause drivers would drive more slower.they done research.most times people in a rush.smoking pot does not make you lose controll.your more a were of whats around you.
Unfortunately, right now I will have to agree wit the DOT. I understand where both sides are coming from, especially it being regulated like alcohol where you can not be under the influence whatsoever. Since some states have regulated recreational use and many have regulated medical marijuana it is a disappointment that the DOT standards will not change. At the same time, we have to be held at a higher standard with all duties e.i. school bus driving, truck driving and air traffic etc that are safety sensitive functions. I have to admit that even though I have nothing against marijuana use and I have used it myself, it can lead to lack of judgements or misjudgments even if you aren’t “high.” That’s just how marijuana works! And I know I would hate to mess up on my job and cause something to happen because I had a brain fart due to smoking too much pot! That can’t be tolerated… not in a position such as truck driving because we all know how everything you do, you have to do it right. Sadly if we decide to live these lifestyles and have these careers choices we need to make the smart decisions and stay clean and sober because the other motorist on the road and our safety depends on it.
This is what the DOT needs to change, pot stays in your system for up to a month as thc but not active thc. Active thc will tell weather you have smoked weed within three to five hours and that’s what legal states are going to be testing drivers for to determine weather they are intoxicated and the max allowed is 5 nanograms. Cdl drivers should be tested the same way!!!!! Any responsible driver will not drive stoned but because thc stays in your system as a byproduct doesn’t mean your stoned. I cant believe it is a schedule 1 narcotic I think it should be decriminalized or reclassified!!!!!
smoke?? and crash ?? no thanks..lol
I hadn’t heard of this active and inactive THC. Very interesting, sounds like this new technology is perfect to regulate drivers from driving under the influence. The DoT should change it’s regulations to only look at active THC.
THIS should have been settled in the sixties! Too bad so much political capitol had to be spent just ending the vietnam war. Are there more homosexuals than pot smokers in this country?! I mean, a couple of fags can get “married”, an honorable woman can “choose” an abortion, but a harmless, paranoid, non confrontational flower child is effectively in the closet?! Alcohol causes many more multiples of deaths and ruined lives than all other drugs combined. (don’t forget about abused prescription drugs) Prohibition proved you can’t stop substance abuse in a free society. I got another one– isn’t prostitution illegal? Don’t these “adult” actresses have to turn in W-2′s and file income taxes? Boy, that must be some cleverly worded 1040′s!
I am a cement truck driver here in Southern California. I’ve read a lot of peoples comments on here. I understand how some feel about truckers being under the influence while on duty driving. That is a huge safety concern. I understand! I don’t smoke at the moment, but as a commercial licensed driver I would still like to smoke a little weed to relax AFTER work every now and then. If there isn’t a problem with me having a beer or two AFTER work, there shouldn’t be any problem with me smoking a little POT. After all, I am at home. So what’s the problem? I think marijuana usage for truckers should be treated in a different manner.. It should be treated in the same manner as alcohol. Truckers should be able to use marijuana on their own time and/or OFF duty. As a professional driver, safety is always first! Therefore, I would never drive under the influence of any alcohol or drug. But when I’m home I should be able to do anything I please. And I strongly feel that this needs to be pushed and the DOT needs to lay off a bit..
Let say that the federal government does make marijuana legal most likely there will be a change for certain test for example a driver can get out of his truck buy beer and drink and since his last drink in 32 hours he can drive again even though he got hammered but now he is sober driving professionally around you and you family the same thing can be done about marijuana drivers should be able to smoke but not when they are driving about to drive only on hour recaps home …I am a driver and safety is every thing driving while high is unsafe but look at the man who drank became sober and aware of everything around him is know legal to drive this right should also hold for marijuana…but just like alcohol it should not be aloud in the trucks a stoned driver is OK only when he his home on 32 hour rest or done for the day ..and like a breath test there is THC swabs that detect THC within a 10 hour period and drinking of lot water can not help to get that clean