Washington Marijuana Law

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

  1. milkdud

    milkdud Road Train Member

    Here's a question: Washington State passed a law allowing citizens of that state to buy, possess and smoke pot as long as their smoking of it is done privately. No public consumption. No driving allowed while under the influence. So if a CDL holder lives in Washington State and works there as a driver of a commercial vehicle and while OFF-DUTY that driver smokes some weed.....a few days later the driver gets a random whiz-quiz at work, tests positive and is fired. The current tests only prove that the driver imbibed marijuana sometime during the past 30 or so days. No proof that they were smoking pot and DRIVING under the influence. That driver broke no state laws. Yet they were fired.
    Yes I know the Feds don't recognize Washington's or Colorado's Pot Law. However Congress is or was working on a new law change the would allow each state to not violate Federal Laws if that State approves legalizing something like marijuana.
    So what am I trying to say? I can see the courts will end up deciding, eventually, whether or not that driver deserved to lose his job.
    It would seem that a test is needed to prove WHEN a driver WAS under the influence.
    Of course a driver who doesn't smoke weed at all would be the best way to avoid legal entanglements.
     
    Last edited: Jun 22, 2013
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  3. TruxRus

    TruxRus Light Load Member

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    Jul 27, 2012
    Round lake beach Illinois
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    don't smoke weed simple fix
     
    NewNashGuy, Joetro and Rat Thank this.
  4. milkdud

    milkdud Road Train Member

    No kidding. Thought I said that.:smt017
     
    SheepDog and Giggles the Original Thank this.
  5. j3411

    j3411 Medium Load Member

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    Jul 31, 2010
    Buckner, Il
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    29 years and you have to ask ?
     
  6. milkdud

    milkdud Road Train Member

    I was hoping to get some intellectual comments, not emotional yip-yap. I do not smoke pot, never even tried it. So how about it? Anyone have any intelligent replies?
     
  7. Roadmedic

    Roadmedic Road Train Member

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    Apr 4, 2007
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    Pretty simple really.

    You cannot be under the influence of alcohol for instance. You know the limits and how long to be out of the system.

    Marijuana, is much different. It can stay in the system for 30 days. So, in order to comply with the rules, can you even use it and then drive even though it is legal just as alcohol.
     
  8. milkdud

    milkdud Road Train Member

    Yes it's different. The whole thing is a legal can-o-worms mess that will be interesting to watch unfold. It looks like a court will have to re-define what "under-the-influence of marijuana" legally means.
     
  9. Roadmedic

    Roadmedic Road Train Member

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    I will not even go into a house that they smoke in on a medical call. I will not risk my license.
     
  10. futuretruckertx

    futuretruckertx Light Load Member

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    Jun 8, 2013
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    Federal laws always cancel state laws. Sorry to burst your bubble buddy.
     
    Joetro, SHO-TYME and Arielit0oo Thank this.
  11. milkdud

    milkdud Road Train Member

    You can lose your license for going into a house that people have smoked pot in? Please explain.
     
    Badmon Thanks this.
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