Thousands of truck drivers have been sidelined for using cannabis and CBD products legalized by states. After consuming or smoking substances deemed legal for recreational use in 18 states and by prescription in 37, federal Clearinghouse violations result in suspensions.
Beyond the general frustration surrounding the inability of states and the federal government to craft consistent rules, the methods used to test CDL holders do not necessarily show a trucker was impaired while driving. Roadside THC tests typically show positive results even though the individual used cannabis or CBD during off-duty hours.
In fact, a trucker can test positive for federally-controlled substances for upwards of 30 days. Drinking sobriety tests, by contrast, evaluate blood alcohol content in real time. Paul Enos, CEO of the Nevada Trucking Association, agrees that the differences in state and federal rules and testing efforts remain uneven.
“It’s an issue for our industry when you look at the number of people who are no longer driving,” Enos reportedly said. “We would all benefit from having a reasonable impairment test.”
Nevada legalized cannabis in 2017, and a string of other states have followed the trend in recent years. The tax revenue has helped buoy state budgets. Still, none appear to have successfully negotiated a policy with the Federal Motor Carrier Safety Administration (FMCSA) that accounts for legal use and sober truckers testing positive after the fact.
Clearinghouse drug testing violations also appear to be on the rise. Recent reporting compares the month of March over the last three years and shows a spike in violations — 4,984 in 2020, 5,559 in 2021, and 6,258 in 2022 during the same period. An FMCSA Clearinghouse report also indicates more than 70,000 truck drivers tested positive for marijuana over the last three years. The next most-used controlled substance was cocaine, with 19,401 failed tests.
Drug and alcohol violations typically result in work suspensions, and a high percentage are not returning to the freight hauling trades. Of the 126,043 Clearinghouse drug violations from January 2020 to March 2022, more than half were based on marijuana, and every driver suffered a suspension.
Only 25 percent of truckers with one failed test returned to a driving position, and more than two-thirds did not even start the return-to-duty process. Newly-minted CDL holders would be well-served to understand state legalization and federal truck driving regulations are worlds apart. Using cannabis or CBD on your own time can negatively impact a good-paying career hauling goods and materials.
“We often have to explain to members that things like CBD oil, which is all over the place, could cause you to test positive,” Andrew King, a research analyst with the Owner-Operator Independent Drivers Association, reportedly said. “But it’s better to be safe than sorry. You have a federal license, so you have a higher standard.”
Sources: politico.com, clearinghouse.fmcsa.dot.gov
This is what happens when all the idiots make drugs legal for money. They knew this was going to happen just like the FMCSA knew Elds were going to get drivers killed and def was going to kill the environment but the money is to big to stop it all.