Question about Marijuana and trucking in Canada

Your question should be directed to the company. Some companies have their heads up their butts due to ignorance.
If you have not ingested or smoked any weed for 8 hours you are good to go. Our company policy is "report fit for duty and remain fit while on duty" Company lawyers referred to Human Rights Act Labour Code as well as Controlled drugs and Substances Act prior to penning our Controlled Substances and Alcohol Policy. We have over 1000 drivers.

 

Prior to legalization, a driver prescribed medical cannabis was generally legal in Canada. We discussed it in this thread.

There are no federally mandated tests for a commercial vehicle driver's use of marijuana in Canada. Even before it became legal there were none. Therefore, there is no "legal" test; neither urine, hair, blood or swab. It has been treated the same as alcohol vis-a-vis driving while impaired.

Now, legally speaking, I fully expect it has to be treated the same as alcohol in terms of use vs. impairment. I also question whether any companies that do test will withstand a court challenge on the basis of use vs. impairment. Of course impairment while driving is not only still illegal, but stupid.

Here is information, including driving if using cannabis, from the current version of NSC Standard 6 - Medical Standards for Drivers - March 2017

15.6.1 Medication – Prescribed - All Drivers
This standard applies to prescribed medication including psychotropic drugs and prescribed medical marijuana

STANDARD All drivers eligible for a licence if

• The functional abilities necessary for driving are not impaired and
• Where required, a functional assessment shows that the side effects of medication does not affect ability to drive

Drivers on a formal methadone maintenance program must
provide an addictions specialist report, in addition to meeting
the above requirements.​

Conditions for maintaining licence None

Rationale The use of a psychotropic drug does not mean that a driver is ineligible for a licence. Where there is some evidence of a persistent cognitive impairment associated with the stable use of a drug, an individual assessment of the effect of the drug is required to determine licence eligibility.

15.6.4 Alcohol, Cannabis and Driving – All drivers

STANDARD Impaired individuals are not permitted to drive any class of motor vehicle

Conditions for maintaining licence None

Rationale Alcohol is known to impair the ability to operate a motor vehicle safely

Medical Marijuana (Cannabis) is known to impair the ability to operate a motor vehicle safely. In general, individuals should not drive for approximately 5 hours after consuming medical marijuana and not drive at all if consuming 3 or more joints a day.

- https://www.ccmta.ca/images/pdf-documents-english/CCMTA-Medical-Standards-2017-English.pdf​

 

Also from the aforementioned thread (Post #92)...

I believe "most" is inaccurate; "some" would be accurate.

Random testing in Canada is generally considered to be "an unjustified affront to employees’ dignity and privacy when there is no reasonable cause to do so, or in the absence of an accident or near miss and outside the context of a rehabilitation plan or last chance agreement for an employee with an acknowledged drug or alcohol problem."
- News + Views + Events - Field Law

Yes, drug testing is a requirement for certain "safety sensitive" positions (for pre-employment, but not legislated), but only within a very narrow set of rules. After being employed, some kind of "event" will generally be required in order for a test to be administered; accident, near miss, direct observation, etc. However, just the presence of drugs is not enough to dismiss an employee, it must show they were impaired. Further, the employer must make accommodations for an employee that tests positive. In the case of a medical marijuana prescription I believe it would be very difficult to dismiss an employee.

Again, exclude carriers, or divisions of carriers, that operate in the U.S. Due to the fact there is no requirement for drug testing drivers, who is going to bear the cost voluntarily? Additionally, there are privacy rights legislation considerations, the risk of lawsuits and/or human rights claims, etc. Testing is common in Alberta in the oil industry and certain positions in similar facilities, but Alberta is the outlier in this regard. Even then, "most" carriers do not test. Nor is it a requirement for occasional site access (as is the case with "outside" carriers).

Given where the federal government and most court decisions seem to be going, cases like the OP's where; marijuana is prescribed by his doctor, he is monitored and never "impaired"* on-the-job, I expect he will not have a concern regarding employment.


*Current testing for marijuana impairment in Canada is complicated and extremely expensive and there is currently no road-side test "device" that is accepted.​

 

I only run Canada and the company I work for is all over north america. Nothing has changed, I still get the same drug test as I would running into the states

 

If the company is US-bonded, they are required to submit drivers for random testing. Many companies do testing regardless. Just ask during the hiring process.

A good rule of thumb is to just stay away from any any all intoxicating substances while out in the truck.

 

In Arkansas to hold a Medical Pot License means you are too sick to hold a DOT Medical Card. In the USA you are automatically DQ from touching a big rig federally. Further in Arkansas if you are a resident card holder then your weapons are pernamently confisicated and melted. Then your information is placed into the Federal Do not Proceed database so you cannot purchase anymore.

You cannot cross into Canada with pot anyway. There is no reason to believe America will be as welcoming at Customs they will take you in and seize the truck.

This is based on both US Federal Schedule One for Pot and anything related to Pot in fact you are not allowed to gain or possess oils here in this state unless your doctor has prescribed it against your medical card. You can try to have oils without THC, but if any trace is in it. that's no good to you.

There is also the matter of State Pharmacy Board Surveillance. (In real time) Combined with a National Database as well. For enforcement purposes.

I hate to be so difficult. I am a pain patient also. Ive been offered a pot card and laughed them out of the room. Are you kidding me? HA. Surgery will fix some of it in a few weeks. The big stuff anyway. It only took them 9 months to finally reach a understanding that two of my joints are in fact fractured. One will be replaced. However the system wide arthritis will ensure I will never hold a DOT card. It's degenerative into either rhumatiod or a loss of mass in bones to where a cough will break them. Hardly anything worth going into a big truck where a bridge will break half of them.