Federal vs. State Law
Despite a change in state laws, Marijuana is still a Schedule I Controlled Substance under the Federal Controlled Substances Act of 1970. According to the United States Department of Transportation, state laws have no impact on the testing regulations and requirements for obtaining or maintaining a CDL.
The use of Marijuana by a commercial driver utilizing a CDL is therefore prohibited, regardless of whether the drug was taken for recreational or medical purposes, or whether or not marijuana use was legal in the applicable state.
Alcohol vs. THC (the impairing ingredient in marijuana)
THC is different from alcohol in a few key ways:
- There is no efficient or reliable road-side test to determine if a Marijuana user is currently feeling the effects of the THC (feeling “impaired” or “high”).
- THC that enters a Marijuana user’s bloodstream can remain in a person’s system for weeks after use. Even if a person no longer feels impaired, they can still test positive during a drug test.
- The level of THC in the bloodstream that qualifies as impairment varies by state, and it is possible that any amount of THC can find the driver charged with a Marijuana-related DUI.
- Receiving a DUI due to testing positive for Marijuana will likely result in the driver being disqualified from driving.
Best Practices for Hiring Commercial Drivers
- Implement or update your hiring practices to include pre-hire drug and alcohol screening, criminal background checks, and Motor Vehicle Report (MVR) review.
- Establish MVR acceptability requirements and standards for hiring new employees and on-going monitoring of current employees.
- Implement an on-going drug and alcohol testing program. The program should be designed to ensure it meets all state and federal requirements and does not violate any rules or regulations.
- You should also ensure all drivers are aware of the program and the implications of Marijuana use on their CDL.
Review Your Testing Standards
With the increase in legalization of Marijuana, the confusion between state and federal laws, and the potential impact to your business, now is the time to make sure your hiring and employment practices and standards, including drug and alcohol policies and testing procedures, are the most effective for your business as well as in compliance with all state and federal laws.
Selective understands that there are a wide range of risks to your business, which is why we provide our customers with access to Risk Management experts who can provide an assessment of your unique business.