Am I done??

Although co, made it legal, it is still a fed offence to use/possese. So yeah it is. Just not enforced.

 

And for the love of crackers, dont play the medicinal line in this thread...

 

You're not eligible to drive for a carrier in the U.S until you've had a pre-employment test (with certain exceptions--see below). You may not have been qualified to be a driver and therefore should not have been in the pool even if you were going to be a driver at some later date.

Part 382 CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING

§ 382.301: Pre-employment testing.

(a) Prior to the first time a driver performs safety-sensitive functions for an employer, the driver shall undergo testing for controlled substances as a condition prior to being used, unless the employer uses the exception in paragraph (b) of this section. No employer shall allow a driver, who the employer intends to hire or use, to perform safety-sensitive functions unless the employer has received a controlled substances test result from the MRO or C/TPA indicating a verified negative test result for that driver.

(b) An employer is not required to administer a controlled substances test required by paragraph (a) of this section if:

(1) The driver has participated in a controlled substances testing program that meets the requirements of this part within the previous 30 days; and

(2) While participating in that program, either:

(i) Was tested for controlled substances within the past 6 months (from the date of application with the employer), or

(ii) Participated in the random controlled substances testing program for the previous 12 months (from the date of application with the employer); and
​

(3) The employer ensures that no prior employer of the driver of whom the employer has knowledge has records of a violation of this part or the controlled substances use rule of another DOT agency within the previous six months.
​

https://www.fmcsa.dot.gov/regulations/title49/section/382.301

 

The key phrase is "not required" does not say they cant.

 

If you're referring to my post; you are correct. Except that the results are essentially meaningless and non-reportable regarding the FMCSA, his CDL and subsequent employers... assuming he was in the pool incorrectly and his state bars the employer from such disclosure.

 

prior to the test when was the last time you smoked weed?

 

Yes and no. He is asertaining that the test itself was not valid. It probably was. If its on his record and "reportable" is the sticky part.