Washington Marijuana Law

We went round and round on that issue. You'll have to show me what states will hold you to a .04 BAL driving a personal car and having a CDL. Every state that I looked at always said while operating a CMV. So as far as I'm concerned I don't believe it. I'm not saying I'm right I'd just like to see the law because so far when challenged NO ONE has produced a state law that says this.

I would also like to see a test developed that could tell when the person smoke last. It's completely unfair the way it is now. For example; You get pulled over for speeding and they test you and you come back positive because you smoked some weed 3 weeks ago. Now you're charged with DUI. What if the same test was used for alcohol? It needs to be brought up to date.

As far as trucking goes that's a different story all together. I believe you should not use drugs or alcohol if you're driving a truck anytime.

 

The FMCSA was pretty blunt in its official reaction to both medical AND recreational use laws in various states: CDL holders MUST comply with Federal law, regardless of any State law which is more permissive... get a hot UA as a CDL holder and yer BUSTED. No pity.

 

No doubt they will stay with weed as a scheduled 1 drug and never allow it's use unless they change the schedule. Which is trying to be done now in the house but who knows. Still that does not in any way address the idea that you have to stay below .04 in your own vehicle.

 

OK read my reply to the below quote.

OK here is the thing I am told.

The FMCSA does not enforce the regulations - state do - and there are minimal requirements for the states to follow, they can elect to ignore the FMCSA regulations for intrastate trucking, the FMCSA doesn't have the jurisdiction on that BUT they do for interstate trucking. The one thing that people who scream about the FMCSA and the feds being all intrusive is that most states have adopted the FMCSA and the changes, legal opinions and so on as their laws/regulations so it comes down to having a set of uniformed regulations that the states enforce (hopefully) in a uniform manner.

So the cannabis issue is simple to decipher, the states can't go against the agreement with the Feds for interstate truckers or CDL holders and that means that the feds have offered an legal and binding opinion on what their position is on the use of cannabis for CDL holders - that is no matter what the state says, it can't be used for medicinal or recreational purposes - PERIOD.

Now for the "that's against my rights" crowd, this is where you are trapped by the 17th amendment and not to get political but this is the change that screwed us by not having the states have a say in what goes on so if you want to change it, get on the repeal the 17th amendment bandwagon otherwise you're stuck with it.

 

I would still like to see the law where it says that I can not go to a doctor say in California and get medical marijuana and drive my car home just because I have a CDL. I believe that all the laws will say "While operating a CMV". For those of you that say just simply having a CDL mandates you to follow all the FMCSR because you're a professional and should then follow all the rules and keep track of your time driving on your off days. Pretty ridiculous.

By no means am I a drug advocate. I'm far from it except when the doctor says it will improve your life and prescribes the drug legally. I am a advocate of seeing correct references or laws so someone may not get in a jam. Quoting off the hip can sometimes be wrong and very dangerous to a new driver. Not in this case because we all know you don't use drugs and drive a truck. But I have seen bad information given on this group about drug testing. That can cause an end to a driving career if someone follows bad information. So I like to see the law and if I'm wrong (like sometimes) I'll be the first one to admit it. Thanks.

 

OK fair enough, but it isn't about you driving home, it is about you using the drug and testing positive on a random or employment screening. NO matter if you are driving the truck or not, if you test positive, that's all that has to happen. AND it is not a law, it is a notice or a legal opinion.

http://www.fmcsa.dot.gov/documents/Medical-Marijuana-Notice.pdf

I too am not a drug advocate but I am a patient advocate and those who are dealing with life debilitating illness don't need to be in a truck to begin with, both because of their condition and others around them while driving.

As for proper information, I am giving it and it is there to see for anyone to look it up on their own. As far as bad info, I do not believe in cheating, no matter what the lame excuse is and feel there is no need for someone who had or has a drug problem to be in a truck and feel everyone else should have some sense of professionalism.

 

Ok fair enough. Everything else is common sense.

 

Only if the law is of a power given to the Federal government by the Constitution. Otherwise the 10th amendment states otherwise.

 

Thats technically not seconhand smoke, just unfiltered by the lungs. You can pop positive by just being around it-from the smoke coming off the end of the joint, and even exhaled smoke-it just takes a lot longer and a higher concentration. Being in a house with the ac scrubbing the air is not as likely to give a "contact high" as sitting in an enclosed vehicle, but it is possible.

 

Here is a new thread with a dui in personal car and loss of cdl. But was probably over the limit.

http://www.thetruckersreport.com/tr.../221332-my-options-cdl-holder-dwi-record.html