It is Time to Deal with Outdated Marijuana Legal guidelines [Commentary] – Drivers

Regardless of a speedy rise in marijuana legalization on the state stage, U.S. DOT drug-testing coverage has largely remained unchanged. And that doubtless is forcing good truck drivers out of the business.

Drivers and motor carriers are equally annoyed with present drug testing limitations, in response to the American Transportation Analysis Institute in its new report, Impacts of Marijuana Legalization on the Trucking Trade.

ATRI factors out that almost half of U.S. states, 23, now have legal guidelines legalizing leisure marijuana. Half of the overall inhabitants — and 41% of truck drivers — dwell in these states.

However the federal authorities lists marijuana as a prohibited Schedule I drug, in the identical class as heroin and LSD.

THC, the part in marijuana that causes a “excessive,” can keep within the system for weeks, showing in drug assessments whereas not inflicting impairment. Whereas the take a look at weeds out marijuana customers who would drive impaired, it additionally disqualifies drivers who use marijuana however would by no means drive impaired. And that could be a concern for an business that’s at all times in search of drivers.

Truck Drivers Leaving Trade After Constructive Marijuana Assessments

Based on knowledge from the federal Drug and Alcohol Clearinghouse, in 2020-2022:

• 57% of constructive findings for medication have been for marijuana.
• 73% of drivers with constructive take a look at outcomes have been nonetheless in prohibited standing initially of 2023, and 55% had not initiated the return-to-duty course of.
• Fewer than 5% of drivers with constructive assessments accomplished follow-up testing for RTD.

In brief, truck drivers usually tend to go away the business altogether than full the return-to-duty course of after failing a DOT drug take a look at.

In a 2019 first-person article for HDT, a driver who went by way of the return-to-duty course of described on-line trucking boards the place drivers known as failed drug assessments a profession nightmare. “Simply discover one other profession,” one driver mentioned. “Nobody will ever rent you once more.”

ATRI’s analysis appears to bear this out. Even for drivers who’ve gone by way of the return-to-duty course of, its survey signifies it might be a problem discovering a job.

When carriers have been requested if a previous constructive marijuana take a look at at any time previously mechanically disqualifies a driver from employment at their firm, the bulk (56%) indicated a willingness to rent a driver with a previous constructive drug take a look at. Nonetheless, meaning 44% wouldn’t even think about truck drivers with a previous constructive take a look at.

Even of those that would think about it, greater than half indicated {that a} particular time interval should move first, mostly 5 years.

Options are a Huge Query

There aren’t any simple solutions right here.

A logical repair could be for legal guidelines to deal with marijuana as we do alcohol — authorized to make use of, however unlawful to drive whereas impaired. The issue is, how do you implement that? Discipline-sobriety and blood testing which can be used for figuring out alcohol impairment don’t work effectively for THC.

Motor carriers may take a more in-depth have a look at their employment insurance policies and think about hiring drivers who’ve gone by way of the RTD course of after testing constructive for marijuana, however in fact there are legal responsibility and insurance coverage points to think about.

Extra analysis must be completed into learn how to decide impaired driving following marijuana use. That would pave the way in which for federal legalization or regulatory modifications that might take away marijuana from the Class 1 drug record.

The excellent news is, new legal guidelines are making it simpler to analysis the consequences of marijuana use. And the 2021 Infrastructure Funding and Jobs Act requires the DOT to supply a report about scientific analysis and analysis limitations associated to marijuana impairment whereas working a automobile.

After all, the federal authorities normally strikes at a snail’s tempo with regards to creating or altering rules. I wouldn’t be stunned if marijuana was authorized in almost all states by the point we see substantive modifications in DOT drug-testing guidelines.

This editorial seems within the June print problem of Heavy Obligation Trucking.