Washington Marijuana Law

Discussion in 'Trucking Industry Regulations' started by milkdud, Jun 22, 2013.

  1. milkdud

    milkdud Road Train Member

    Thanks everyone. The different opinions here are refreshing. I wish I had known this forum existed years ago. My main reason for starting this thread is to anticipate how the future may unfold regarding the law changes. Now.....if the Feds recognize a State's right to pass laws like the one in Washington State and Colorado(I heard Congress is working on just that idea) then our Federal Government would have to acknowledge Washington State's(and Colorado's) law change. IF this happens, then the door gets opened in Washington State for the following scenario:

    A driver based in Washington State gets a random whiz-quiz. It comes back positive for Marijuana. A Medical Officer contacts said driver who is given a chance to explain why the results were positive. That driver tells the MO that he/she smoked some pot while on vacation and off-duty(in Washington State) a week prior to the whiz-quiz. The MO, in light of the above-mentioned changes at State and FEDERAL levels then tells the driver, "Okay. Have a nice day!" and that's as far as it goes. The good thing about this whole scenario will be that the State and Feds will have to put into place the (already existing?) technology which will show if the driver smoked weed two weeks prior or two hours ago. The single most important thing here is the technology being put in place to tell if driver's are actually driving a commercial vehicle UNDER THE INFLUENCE of marijuana(or other drugs). I am 100% behind the idea of being able to tell whether any driver is under the influence of any given drug, that drug being a prescription drug(pain meds?), a recreational drug(weed) or an illegal drug such as meth. I don't want to share the road with any driver's who are DUI while behind the wheel of a commercial vehicle and I am on the same highway, either in my truck or personal vehicle. PERIOD.
     
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  3. milkdud

    milkdud Road Train Member

    By the way.......HAPPY BIRTHDAY AMERICA & HAPPY 4TH OF JULY!!:occasion5:
     
    SheepDog Thanks this.
  4. justwondering

    justwondering Bobtail Member

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    In my opinion, marijuana should have never been made legal. I also think that it should be illegal for anyone with a CDL to have a medicinal marijuana license and or to inject marijuana in any way. If you want or need to do marijuana then you need different career path, end of story!!
     
  5. NewbiusErectus

    NewbiusErectus Medium Load Member

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    It will still come down to the employer, or more specifically, the employers insurer. Some healthcare providers and related orgs are presently banning employee use of nicotine. They even test for it. If they can legally tell their employees they can't have nicotine in any form at any time, then considering the liability, I'm sure trucking industry insurers will do the same with weed. Regardless of what the feds say, I really can't imagine insurance companies giving the greenlight to smoke'm up. Unless there's a law passed that says they can't control your life when you're on your own time, but that's doubtful.
     
  6. dutchieinquebec

    dutchieinquebec Road Train Member

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    Proposed Rule: Create a Commercial Driver’s License Drug and Alcohol Clearinghouse
    This rule would create a central database for verified positive drug and alcohol test results for CDL holders. In addition, it would include the names of drivers who have refused to submit to testing. The rule will require carriers to report positive test results and refusals to the database.
    Prospective employers would have to have an applicant’s written consent to access the database before the driver would be hired to operate a CMV.
    “This rulemaking is intended to increase highway safety by ensuring CDL holders, who have tested positive or have refused to submit to testing, have completed the U.S. DOT´s return-to-duty process before driving CMVs in interstate or intrastate commerce. It is also intended to ensure that employers are meeting their drug and alcohol testing responsibilities. Additionally, provisions in this rulemaking would also be responsive to requirements of the Moving Ahead for Progress in the 21st Century (MAP-21) Act. MAP-21 requires creation of the Clearinghouse by 10/1/14,” the report states.
     
  7. Rat

    Rat Road Train Member

    Companies rules. Follow them or find a different company to work for. Heck even non trucking companies do tests and people can be fired for having stuff still in their system.
     
  8. volvodriver01

    volvodriver01 Road Train Member

    I feel the same way about caffiene. People get so addicted when they don't have it for a little while they have a headache and other side effects which make them a danger to public safety. Opinions are like ######## everybody's got one.
     
    fortycalglock Thanks this.
  9. Busasamurai

    Busasamurai Light Load Member

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    State law does not cancel out Federal Law.....You give up your CDL and you can partake until your hearts content....
     
  10. TankerYankr

    TankerYankr Medium Load Member

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    I believe that the courts ruled against that several years ago.

    Employers could ban the use of tobacco products anywhere on their property but not ban the use of anything otherwise legal when off duty and not on the employers property.

    The same with insurance companies, though alot insurance companies can and do charge a surcharge for any tobacco use.

    Marijuana use for CDL holders still comes under federal jurisdiction.
     
  11. Y2K

    Y2K Road Train Member

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    Well I just had to renew my medical card here in WA and a UA was part of the process so it doesn't mater what the state law is on use or what company policy is.
    CDL holders are held to a higher standard just like the DUI alcohol being .04 for CDL and .08 for other drivers.
    You can bet if you get in an accident you'll be tested and in big trouble if it comes up positive for weed, losing your job may be the least of your problems.
     
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