So says our Federal Government. The all knowing, all seeing medical experts.
To bad the majority couldn't boil water, if they tried.
MARIJUANA?
Discussion in 'Driver Health' started by youngGUN, Jan 19, 2009.
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Based on your statements apparently some doctors are not aware of the fact marijuana is a Schedule I drug.
http://www.deadiversion.usdoj.gov/21cfr/cfr/2108cfrt.htm
My comments were based on the regulatory requirements of Part 40.151 that MROs cannot consider a prescription for marijuana as a viable defense for a positive drug test. Since Part 392.4(a)(1) states a driver cannot use a Schedule I narcotic then the exception listed in 392.4(c) does not apply.
As stated earlier, regardless of the circumstances a driver cannot use a Schedule I narcotic.
Be safe. -
I received official verification today on this issue. I hope it clears up any confusion on this thread.
First, there's no question that a driver cannot operate using marijuana or any other prohibited narcotic. What we're talking about is a pre-hire drug test. Even though I had stopped using perscribed marijuana 30 days prior to the test I still came up positive. This could also occur if a driver used Percodan for pain days before s/he drove.
40.151(f) refers to "non-perscription" marijuana and 40.147 (3) i states that an MRO may change a verified positive if it is demonstrated that there is a legitimate medical explanation for the presence of drugs ie. a perscription.
Any driver who operates a CMV under the influence of any mind altering drug, perscribed or not, is a danger to him/herself and the innocents that share our roads.
Any comments to the contrary, however, are welcomed. There are always exceptions and I feel my case is a good example of that. -
While 40.151(f) refers to non-medical marijuana, Part 40.151(e) refers directly to medical marijuana.
The point of 40.151(f) is Schedule I narcotics are prohibited.
Be safe. -
Prohibited when you drive! 40.151(f) is not intended to render a person unemployable because an MD prescribed a Scedule I narcotic to a patient. The point is clearly made to keep stoned drivers off the road. Part 40.151(e) directs MORs to disregard lame excuses. And 40.149 (3) i draws the distinction between lame excuses (chewing coco leaves) and verifiable realities.Last edited: Jul 28, 2009
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Drinking and driving is illegal yet bars have parking lots. You have to bend a little.
Last edited: Jul 28, 2009
miseryonwheels and phroziac Thank this. -
I always wondered why that is. Who exactly is it that is parking in these lots? I used to live on top of a bar though. Awesome place for an alcoholic to live. Not only is it on top of a bar, but if for some reason I wasn't comfortable drinking there (like if i owed the landlord money, like i do right now), it's a short walk to several other bars.
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My husband went in for a sigmoid scope, the day that he had the procedure, the company decided to pull a random on him. I pleaded with the company, as they used darvocet and some other drug on him during the procedure, but they insisted that he have the random done THAT DAY.
So, he gets through the procedure, is completely out of it, and the nurse in recovery says, I have to take him over for his drug screen now. I'm thinking, well, here goes his job.
I walk with them, he's slumped over in the wheel chair, cannot hold his head up, because he's still full of anesthetic, and we arrive at the office where they "check them in."
The lady that does the drug screens looks at him, looks at me, and says why is he here? I told her about the company insisting on the drug screen, she said, give me their phone number.
She called them, and proceeded to chew them up one side and down the other. She told them that he had just had a major procedure, and that she refused to cost him his job for their stupidity. All the while, I'm laughing, because they argued with me, that it would be OK, for him to take the test, and that they wouldn't fire him because they don't use narcotics for that procedure.
Well, they do if they are removing polyps. These people were a real piece of work. No understanding whatsoever.Mickke Thanks this. -
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