Drug testing

The FMCSA still has a zero tolerance policy. Your employer can also mandate a zero tolerance policy, especially if they have federal contracts.

 

Pot is legal in Washington DC too. Even 'gifting' is legal (up to an ounce). Just don't get behind the wheel for 4 to 6 weeks after smoking it or you're in deep doo doo. If you're involved in an accident, not only will you face regulatory and possibly criminal penalties, but civil action as well (goodbye truck, goodbye condo, goodbye retirement account). Until they can develop a test that measures whether you are actually high or not, such as is the case with alcohol, weekend pot use will never be possible. Take up hard drugs instead. They don't stay in your system as long. In short, pot use and trucking are incompatible. Unfair? Welcome to life.

 

DOT regs prohibit pot so the state laws have no impact on trucking companies. DOT requires trucking companies to test and not use drivers with positive tests until they complete a rehab program.

There is no clever bypass to the DOT drug screening and random tests, nor should there be one. You can get high or drive, not both.

 

As others have said, federal law over rides state law. Federal law is very strict on not allowing drug use by commercial vehicle drivers.

It does not matter what the insurance companies say, or the trucking companies, or state law.......federal law says no drug use by commercial vehicle drivers, to protect the safety of the public road users.

This will not change. All 50 states could legalize marijuana, but the federal law will not change. Companies cannot stop testing for drugs because, again, federal law requires it to be done.

No one should go into trucking thinking that marijuana use will someday be legalized for truck drivers...it won't happen....ever.

 

Sure he can, but it won't happen until he wants too. Usually a person has to hit rock bottom before they say enough is enough.
How do I know?
I've been clean since 88 after spending 12 yrs at rock bottom.
Contrary to popular belief people can and do change.

 

Without getting into semantics about right or wrong, I foresee in the near future two things. When over 2/3rds of the states go full legal (and the lure of tax revenues will push this along) the feds will have to either quash it or throw in the towel. The 2nd scenario is that someone, somewhere, is going to lose their job due to a positive THC test, probably not even a trucker, and sue for wrongful termination because they broke no laws and take it up the court chain. Until there is a test to determine "are you high" as opposed to "did you burn one 2 months ago on vacation" this will be an unresolved problem. And as to individual companies issuing complete bans on legal activity during your off hours, well, the lawyer thing again.

 

Laws don't have to be consistent with other laws or be logical. The country went on a drunk driving jihad years ago, added drugs, and we have the drug testing regulations. The car drivers, those are the people that elect the politicians, are not suddenly going to accept dope smokers driving trucks while they text & apply makeup.

 

The tactic used by groups such as MADD, and a few others is to collect pictures of children and families that were killed by said drivers, parade them around their lawmakers, and invite the media. Does not take a brain surgeon to figure out come election time you don't want your opponent calling you out for doing nothing about the drunks and druggies killing our families and children.

 

A drug screen is an IQ test as much as anything else. You know they are going to test you. You know if you have smoked. We have a name for people that would rather smoke dope than pay their bills.