Legalized Weed Issues ....

Discussion in 'Trucking Industry Regulations' started by STexan, Dec 10, 2012.

  1. Scott101

    Scott101 Medium Load Member

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    The problem is the testing. For one, they aren't even testing for THC. They are testing for the metabolites the body uses to process the THC. The testing has NOTHING to do with impairment.

    There are tests for the metabolites associated with the process of eliminating alcohol from your system too. Those metabolites stay in your system for days as well.

    I wonder how many drivers that frown on marijuana use off duty would be sidelined themselves if all of a sudden they were being tested for the metabolites instead of the alcohol.


    http://en.wikipedia.org/wiki/Ethyl_glucuronide
     
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  3. Little Eddy

    Little Eddy Medium Load Member

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    Here is a conundrum...

    The hair follicle test has a 90 day window.
    It test metabolites that are created after an inhaled exposure to THC.
    In a number of states medical marijuana is legal and frequently prescribed for nausea associated with chemo.

    You go to see a sick friend or relative who is puffing like Willie Nelson before a concert; you are in a closed room and the windows are shut.
    Your friend is using high grade pot and you are just sitting there talking to them as they hit off of a hookah, plumes of burning weed waft upward from the pipe and fill the room. You are not smoking off the pipe but you are breathing in the second hand smoke, not the smoke exhaled, but the smoke of weed as if fills the room; inside your body you are creating those same measured metabolites.
    You do this routine for an hour a day for one week before going back to work. Admittedly you did feel a slight buzz each day and became extremely attracted to the pile of cookies your wife made and left out on a plate in the kitchen.

    Three weeks later you are called in for a random and your company uses hair follicle testing in the randoms screens. The THC levels that will trigger a positive are extremely low, lower than many so called "hard" drugs. You test positive.

    You did not take the drug. You were in an environment where the drug was being used medically and legally.

    You see where I am going with this?

    Little Eddy
     
  4. JaeBro62

    JaeBro62 Bobtail Member

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    Adam
    Were on the same page from reading your responses that you've written,
    I respect your opinion when government has to write regulations that change things it's because statistics data have been compiled that a correction is need to stop a pattern.
    Lost of live from truck accidents positive drug and alcohol test found with commercial drivers from those accidents.
    How do we stop this, and discourage the use of illicit drugs with commercial drivers......
    A uniform set of regulations that cover All Commercial Drivers....
    Before technology entered alcohol and drug testing, there were several little roadside calastedics that were given to drivers suspected to be driving under the influence.
    Something has always been in place to address this problem.
    I'm not "close minded" as you've suggest, it's called zero tolerance.
    It's also about accountability, responsibility for one's actions being a commercial truck driver.
    The trucking industry has had a diminishing ima
    ge over the years, drivers are viewed to be, womanizers, party drunks, and low class citizens with no respect for others, or the law that governs this industry.
    Yet nothing can get from point A to point B, for consumer goods unless it's by truck.

    I'm sure you've heard stories of how deregulation was needed to break the Teamsters Union, and save the carrier's (and it did).
    But the shift to over sea's manufactured
    goods closed factories here in this country, and freight carrier's closed their doors.
    Deregulation.....Anybody that wants to drive an 18 wheeler can now do so.
    Truck driving schools opened and started their training programs.
    There were states who's testing examiners were paid to pass drivers who failed the driving test and got their CDL'S.
    People got CDL'S who couldn't read, or speak English.

    You recall Governor George Ryan in Illinois and that investigation which he went to prison from the CDL scandal, that started from a non english speaking driver who's ICC bumper was damaged on a container chassis , hanging, and fell off in the middle of the interstate...?
    There were a number of drivers who tried to tell him about it over the C B, he didn't understand english but was still driving.
    A family of 5 I think it was, in their mini van didn't see the ICC bumper in their lane of travel, ran over it, and it threw sparks and the gas tank ignited into flames, with their 3 toddlers strapped in their child safety seats
    .
    The mini van was totally in flames from the rear to side door, when the father pulled over and got stopped.
    Those kids died from the fire, their parents tried everything to get them out of those child seats.
    The name was Willis, he was a pastor from Oaklawn Illinois he, and his wife's faces where burned trying to save their children.
    A truck driver who didn't read or understand english driving the interstate headed somewhere in Wisconsin, no pre-trip, or know how to preform one has a CDL to drive truck, yet 3 children lost their lives, who's parents did the right thing by having them in child safety seats in their mini van.

    You say I'm "close minded"....? No let's follow the rules and regulations as professional drivers, that govern our industry, and keeps the motoring public safe.
    For those who don't then prepare to face the consequence for your unwillingness to do so, and don't make excuses for your actions, you have a choice, and not go around thinking you can change these regulations because their out touch with reality.
    Legal pot smoking stays in your system longer then booze.
    Then understand your going to be off work from driving before it dissipates
    your body if you have to submit to a drug test. (another choice to make)
    No carrier is going keep you on the "payroll for legal pot smoking, and then have you take then next 2 weeks off, because you smoked legal pot on your days off.
    No insurance company is going to cover a carrier's drivers who smoke legal pot and drive a commercial vehicle.
    Besides this "legal pot" doesn't it require a prescription and it's prescribed for pain or something...?
    Last time I checked you've got a valid DOT health card from the physical exam you took that say's "your in good shape to drive".....? LOL

    Intelligent you say...Naw it's not that.... it's "common sense" I've held a commercial license longer then your age young man....LOL
    I was "grandfathered" in for the endorsements Haz-Mat was handled by the carrier.
    Doubles and Triples, by the carrier, tanker handled by the carrier.
    What came with deregulation was an unwillingness by some to do the right thing and follow the rules and regulations.
    Government has always been last on the scene for change, but changes comes, when data has been tallied up from information which the public has suffered, because of those who failed to comply to the regulations that were in place.
    Now more regulations are made, if that doesn't work they'll come up with more.

    So when do we as drivers wake and make sure we have our "ducks in a row" and stop the way of thinking from just an individual stand point...?
    Adam did you read my thread of my accident Friday past...?
    Did you stop by my "facebook page" and view the pictures...?
    I did my share of pot smoking back in the day, for me that's all changed, it's a choice.
    Had I done anything from my weekend off that would of stayed in my system, where would I be today after the accident I was involved in...?
     
  5. JaeBro62

    JaeBro62 Bobtail Member

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    Eddie
    Because you are a commercial driver under DOT you have a choice young man.
    Yes you didn't smoke pot, by putting yourself in contact with it makes no difference then if you did smoke some, it's in your system, and you tested positive from a random test.
    That's why it's called a "random drug test", you don't know when your number will come up for a test...!
    These are choices you have to make as a commercial driver if your going to continue your career as a truck driver young man, everyone does the drives.
    You want to smoke pot, "have at it" don't get behind the steering wheel of a truck and drive after you do....!
     
  6. Jokingypsy

    Jokingypsy Medium Load Member

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    To Jae,

    Did read your post from Friday, it's what inspired me to write my last post, no I did not go to your Facebook page to look at the pics. The only point I care to make is don't drive under the influence, but if they want to test a driver randomly, pre-employment, or post incident test for under the influence or intoxication. The only point I stress and try to make is as stated above in someone else's thread testing positive in no way proves whether you are stoned or not, it just proves that at some point recently you did it. A driver should not be thrown in jail or penalized for what they did on their off duty time. If they are under the influence throw them in jail, I'll drive the cop car for you. Just because it shows up in your pee doesn't mean it's in your brain and you are under the influence. this isn't even a safety issue, because we don't endorse or advocate intoxicated driving. It burns my tail feathers if I take a weeks vacation I can't take a couple puffs because whether I mess up or not upon my return to duty, I can still be tar and feathered by someone who feels if you smoked it last week you shouldnt be behind the wheel. I also want to know why in a car versus truck accident if the car is ruled at fault why does the truck driver need to be tested and not the at fault car driver. There are two states now where the MJ is legal to recreationally consume, it's time the laws reflect this. Right now fed still trumps state law on this as it pertains to CDL drivers, I feel it is time the fed reviews it's regulations so innocent people are not being punished for crimes that aren't crimes. I'm also not naive enough to think this change will ever happen because there is too much money to be made on drug testing and prosecution of people for laws that are ridiculous and need to be reviewed and re-evaluated. I also fear that this country will continue to go down hill and our freedoms will continue to erode because too many people out there have this BS attitude of I don't like it, I don't do it anymore, so it should be illegal. I don't like gay marriage, I don't like abortion, but I strongly support both those issues because even though I don't like the issues I'm neither gay or a woman who would ever need an abortion. Who am I to tell these people how to live, their decisions don't affect me, it's not my place nor should I tell them it should be illegal. I believe in freedom, freedom to choose, and accountability. All I am really trying to sell here with my opinions is the law as written and enforced is draconian and unfair. The man a driver is off duty is not the same man a driver is on duty. I drink beer on my time off, curse, tell dirty jokes, fart, chase women, etc. I do not do these things on duty and especially while interacting with customers because there is a big difference between being off duty and on duty. It has become very interesting interacting with you on this subject, I understand the points you are trying to make but disagree with them, as obviously you disagree with mine.

    Adam
     
  7. bergy

    bergy Road Train Member

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    You don't fart when you're on duty?! That's dedication my friend!

    You and I seem to have very similar views. I too will be stopping MMJ 6 months prior to starting my training. I will reluctantly go back to the synthetic prescriptions, and won't even be tempted to "risk it".

    Public opinion has already allowed for some pretty big changes in the last couple of years. Hopefully penalties for DWI become more harsh, and the ridiculous pot laws are modified to match the significantly more harmful drug of alcohol.
     
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  8. Jokingypsy

    Jokingypsy Medium Load Member

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    I agree Bergy. I do feel bad for the poor sucker who drinks two beers goes home and gets a DWI for having a light bulb out. I am very against drunk driving but I guess I'm not smart enough to know what the magic number should be. For us CDL guys it is .04, for civilians it is .08. I know some guys that drink all day and if it wasn't for their breath you would never know, then I've seen people go bat crap crazy after one and a half beers. Just remember with hair follicle testing becoming more common six months may not be enough, and once you do quit you have to quit forever unless the law changes. Good luck on your future in driving.

    Adam
     
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  9. JaeBro62

    JaeBro62 Bobtail Member

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    Your points are well taken Adam, I do understand your position and do agree with some of those points you've made, I do feel that to revisit the pot substance that remains in your system for a longer period of time then booze does, needs to have some reconsideration, with MJ becoming legal in more states.
    This opens up area's for abuse before going on duty, for how much, and for what extended period of time it's remained in your body, and to what degree it impedes one's faculties while operating a commercial vehicle.
    Interstate travel requires Federal jurisdiction, and States to follow the fed guide lines, which I'm sure you already know.
    I'm of the opinion Adam, you can't measure what everyone's chemistry is and how they will be effected, and function with remaining traces of MJ in their bodies, as well as their "mindset" for the responsibility of operating a commercial truck.
    It's for that reason it's at zero tolerance, and not just to make money from drug testing.
    I also feel the you and other drivers of your generation (let's say) need to forum this subject and present something that's able to redirect this regulation for reconsideration.
    Good luck with that, because what I previously mentioned I feel is why the feds won't revisit this regulation as pot smoking becomes legal.
     
  10. JaeBro62

    JaeBro62 Bobtail Member

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    The test is the test, if your not doing anything, then you have nothing to worry about.
    I don't think as a driver you have any say to which drug test any law enforcement cares to administer for CDL purposes, besides their only the collectors the labs do the rest of it.
     
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  11. Busasamurai

    Busasamurai Light Load Member

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    Hate to have to disagree with you I am an old driver 22 plus years and not trashy by no means. Clean cut and shower everyday regardless of cost lol. That being said I would much rather someone smoke a joint on the weekend or vacation then to get plastered every break on alcohol. Just because something is Legal does not make it safe. Any driver with a Dr exemption can get totally screwed up with a legal prescription and drive. As far as it being legal or not legal,it is going to get real interesting in the next 10 years. All states will be legal before then . Even when it is it will never be legal for a CDL driver regardless that falls under Federal Law... Funny how our Government can legitimately keep maryjane which has never killed anyone illegal. All the while Cigarettes that kill 450,000 people a year at billions of dollars of medical cost stays legal. It just goes to show that the ones padding the pockets of the Lobbyist and politicians makes the rules. PS. I have not smoked a joint since 1990 because it is illegal to do so with my job and responsibilities of raising children. But when I retire and it is legal it will be on like Donkey Kong.......
     
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