Marijuana Alternative
Discussion in 'Questions From New Drivers' started by ProjectICE, Sep 4, 2013.
Page 10 of 13
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Until they come up with a test that shows how long ago and how much you smoked, it matters. That's the law. None in your system. If people don't like that, then this industry isn't for them. Personally, I think it should be legal, regulated and controlled, but it's not.
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I just cannot believe the misinformation that is given by drivers that quote the law without checking to see if it's right or wrong. I know we all can read a requirement different and I know I have been wrong before. I'm the first to admit if I am wrong but you'll have to show me a law or regulation that proves me wrong. IOW's no truck stop lawyer accepted. It's not hard to read the requirements and understand them. There's a big difference in what you want than what the law says. As per the FMCSR's §392.4 Drugs and other substances. You can not be on duty and possess, be under the influence of, or use, any of drugs listed in schedule 1, any amphetamine, any narcotic, or any other substances to a degree which renders the driver incapable of safely operating a motor vehicle.
So far the DOT says you cannot use any schedule 1 and any other substance that can render you unsafe or messed up. Schedule 1 drugs are basically any drug that has no medical use. Marijuana is still listed at the schedule 1 level by the federal DOT. The states can increase the rules but they can not lessen the rules. That's why you hear in the news that there is a problem at the federal level when states change the status of marijuana and class it as medical marijuana. You may be legal in your state to use marijuana but when you step into a truck you violate the federal law no matter what the state says.
Here's where a lot of drivers fail to understand the regulation. FMCSR §392.4 (c) except for schedule 1 drugs, the requirements listed above do not apply when a licensed medical practitioner administers a drug or substance to the driver and the doctor is fully aware of the position the driver holds. The doctor must advise the driver that the substance will not affect the drivers ability to safely operate a motor vehicle. That's where the doctor and driver discuss the duties of the driver and the doctor approves the medication and the safe use of the drug. There's no need for a letter or anything like that but the doctor must have knowledge of what the driver does. PERIOD.
There's nothing in the way of a company increasing their requirements for the driver. A company can make it their policy to not allow any medications. THEY JUST CAN NOT LOWER THE REQUIREMENTS. So I hope drivers understand that using marijuana and driving a CMV is against the law and you are subject to the penalties of the federal government.
There are exceptions to the requirements listed in §392.4. You have to dig but one example that comes to mind is insulin for diabetics. If you can control your diabetes by using pills you're ok to drive. But if you have to inject insulin you're out. That requirement may have been modified or changed because medications get better all the time. You have to really dig through the controlled substance requirements listed in the FMCSR's.
So if you smoke dope forget about driving a truck for a living. -
Insulin isn't an example that can be used to compare, there is an issue with controlling your insulin level while having type 1 that requires injecting insulin. The pills control the level of insulin or help the cells absorb it.
You have to go through the exemption process to drive with type one diabetes. -
And if you drink the ''drug'' alcohol.you should not drive a truck neither..Laws or no Laws against it,it is the #1 Killer Drug.It does not take a ''law'' to realize this correct info...I am so glad i never use the drug alcohol..
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Correct.But keep in mind.Laws are made to be broken.If i was a weed smoker,no Law would stop me from toking and a CDL would not stop that fact.Until they ''regulate'' the druken bums and alcohol,weed is fair game in my book...Just saying.
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Guess your compliance of any / all laws in your eyes is selective and subject to what you like or agree with and those you don't.
You're "That guy"
The guy I don't want on the road.....anywhere......near me or anyone else for that matter.Lilbit Thanks this. -
Not true. 30-45 days max
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and they all say,, " I wasn't THAT drunk".
Lilbit Thanks this. -
You are WRONG AGAIN..Keep Trying...
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Page 10 of 13
......china im starting to worry about u my friend.....lol