Recently OTA and CTA has fielded questions on prescription medical marijuana use among drivers and how this issue is being approached in the United States as it relates to DOT’s drug testing program.
In essence, FMCSA in the U.S. has consistently held that a driver who tests positive for marijuana – for whatever reason – is in violation of federal regulations. This driver is prohibited from operating until they complete the required referral, evaluation and treatment steps. Though state law and Federal law can be contradictory in many respects, the federal prohibition on operating a CMV after having used a schedule 1 drug supersedes state law.
The link below is an outline of the UD DOT’s position on this. OTA has also consulted with ATA on this issue.
A recent article in Truck News highlighted how some drivers in Canada struggle to balance their employer’s drug testing policies with prescribed medical marijuana to relief chronic pain.